LPL4804 ASSIGNMENT O1 SEMESTER 1- 4 APRIL 2025
Question 1.
John Masupa and Sophie Masupa are married in community of property and own Erf 27
Sunrise Township. John dies and according to his will, all his assets are bequeathed to
Sophie. Sophie is therefore entitled to ½ (one-half) share of the property by virtue of her
marriage in community of property to John, and the other ½ (one-half) share by virtue of
the bequest in John’s will.
1.1. How will you transfer John’s ½ (one-half) share to Sophie other than by way of deed
of transfer? (3)
1.2. What documents will you lodge at the deeds office for this registration? (7)
Question 2.
Briefly discuss the circumstances that substitution of debtor may be effected in terms of
Section 57 of the Deeds Registry Act 47 of 1937, and under what circumstances such
substitution is prohibited in terms of Section 57.
FOR EXAMS, PORTFOLIO, AND ASSIGNMENT ASSISTANCE WHATSAPP
083 286 8465 EMAIL:
, QUESTION 1
1.1
In terms of section 45(1) of the Deeds Registries Act 47 of 1937, a deceased
spouse’s half-share in a property may be transferred to the surviving spouse by way
of an endorsement on the existing title deed, rather than executing a new deed of
transfer.1 This simplified procedure applies when the spouses were married in
community of property, meaning the surviving spouse already owned a half-share in
the property.2
Upon John’s death, the executor of his estate may apply to the Registrar of Deeds
for an endorsement on the title deed, confirming that Sophie becomes the sole
owner by virtue of John’s will. This approach avoids the need for a fresh deed of
transfer, thereby reducing both cost and administrative complexity.
1.2
For the registration of the transfer of John Masupa’s share in Erf 27 Sunrise
Township to Sophie Masupa in terms of section 45(1) of the Deeds Registries Act,the
following documents are required at the Deeds Office:
1. Application in terms of Section 45(1)
A written application, signed by both the executor of John’s estate (unless
Sophie is the executor herself) and Sophie, requesting the endorsement of
the title deed to reflect that Sophie is now the sole owner.
2. Original Title Deed
The existing title deed that reflects joint ownership under the marriage in
community of property.
3. Death Certificate
A certified copy of John’s death certificate, confirming his passing.
4. Certified Copy of the Will
1
Deeds Registries Act 47 of 1937 (SA) s 45(1).
2
Question 1.
John Masupa and Sophie Masupa are married in community of property and own Erf 27
Sunrise Township. John dies and according to his will, all his assets are bequeathed to
Sophie. Sophie is therefore entitled to ½ (one-half) share of the property by virtue of her
marriage in community of property to John, and the other ½ (one-half) share by virtue of
the bequest in John’s will.
1.1. How will you transfer John’s ½ (one-half) share to Sophie other than by way of deed
of transfer? (3)
1.2. What documents will you lodge at the deeds office for this registration? (7)
Question 2.
Briefly discuss the circumstances that substitution of debtor may be effected in terms of
Section 57 of the Deeds Registry Act 47 of 1937, and under what circumstances such
substitution is prohibited in terms of Section 57.
FOR EXAMS, PORTFOLIO, AND ASSIGNMENT ASSISTANCE WHATSAPP
083 286 8465 EMAIL:
, QUESTION 1
1.1
In terms of section 45(1) of the Deeds Registries Act 47 of 1937, a deceased
spouse’s half-share in a property may be transferred to the surviving spouse by way
of an endorsement on the existing title deed, rather than executing a new deed of
transfer.1 This simplified procedure applies when the spouses were married in
community of property, meaning the surviving spouse already owned a half-share in
the property.2
Upon John’s death, the executor of his estate may apply to the Registrar of Deeds
for an endorsement on the title deed, confirming that Sophie becomes the sole
owner by virtue of John’s will. This approach avoids the need for a fresh deed of
transfer, thereby reducing both cost and administrative complexity.
1.2
For the registration of the transfer of John Masupa’s share in Erf 27 Sunrise
Township to Sophie Masupa in terms of section 45(1) of the Deeds Registries Act,the
following documents are required at the Deeds Office:
1. Application in terms of Section 45(1)
A written application, signed by both the executor of John’s estate (unless
Sophie is the executor herself) and Sophie, requesting the endorsement of
the title deed to reflect that Sophie is now the sole owner.
2. Original Title Deed
The existing title deed that reflects joint ownership under the marriage in
community of property.
3. Death Certificate
A certified copy of John’s death certificate, confirming his passing.
4. Certified Copy of the Will
1
Deeds Registries Act 47 of 1937 (SA) s 45(1).
2
