, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Please also note that the author of this document will not be responsible for any plagiarism you
commit.
Question 1
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?
John’s half share in the property can be transferred to Sophie without a deed of transfer by applying
for an endorsement of the existing title deed under Section 45(1) of the Deeds Registries Act 47 of
1937. This process allows the surviving spouse to be recognized as the sole owner without a formal
transfer, as she already holds a half share by virtue of the marriage in community of property and
inherits the remaining half through John’s will. The endorsement is a cost-effective and efficient
alternative, avoiding additional conveyancing fees and transfer duty, which is exempt in inheritance
cases. Once endorsed, Sophie can deal with the property as the full owner, with the same legal effect
as a formal transfer.
1.2. What documents will you lodge at the deeds office for this registration?
To register the endorsement of the title deed under Section 45(1), several key documents must be
lodged at the deeds office. These include a written application signed by Sophie (the surviving
spouse) and the executor of John’s estate (unless she is the executor), along with a certified copy of
John’s will proving the bequest. If the title deed does not clearly indicate that the property is part of a
joint estate in community of property, a marriage certificate or an affidavit from Sophie confirming
the marital regime must be submitted. Additionally, if the property was taken over by Sophie under
Section 38 of the Administration of Estates Act 66 of 1965, the Master’s endorsement must appear
on the application.
Further required documents include the original title deed for endorsement, and if the property is
bonded, the mortgage bond documents must be lodged for cancellation, release, or substitution of the
debtor. Proof of exemption from transfer duty (since the transfer arises from inheritance) must also
be provided. If there are testamentary conditions affecting the bequest, additional supporting
documents may be required. The specific requirements may vary slightly depending on the deeds
office’s regulations, but these are the essential documents needed to finalize the endorsement process
efficiently.
Please also note that the author of this document will not be responsible for any plagiarism you
commit.
Question 1
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?
John’s half share in the property can be transferred to Sophie without a deed of transfer by applying
for an endorsement of the existing title deed under Section 45(1) of the Deeds Registries Act 47 of
1937. This process allows the surviving spouse to be recognized as the sole owner without a formal
transfer, as she already holds a half share by virtue of the marriage in community of property and
inherits the remaining half through John’s will. The endorsement is a cost-effective and efficient
alternative, avoiding additional conveyancing fees and transfer duty, which is exempt in inheritance
cases. Once endorsed, Sophie can deal with the property as the full owner, with the same legal effect
as a formal transfer.
1.2. What documents will you lodge at the deeds office for this registration?
To register the endorsement of the title deed under Section 45(1), several key documents must be
lodged at the deeds office. These include a written application signed by Sophie (the surviving
spouse) and the executor of John’s estate (unless she is the executor), along with a certified copy of
John’s will proving the bequest. If the title deed does not clearly indicate that the property is part of a
joint estate in community of property, a marriage certificate or an affidavit from Sophie confirming
the marital regime must be submitted. Additionally, if the property was taken over by Sophie under
Section 38 of the Administration of Estates Act 66 of 1965, the Master’s endorsement must appear
on the application.
Further required documents include the original title deed for endorsement, and if the property is
bonded, the mortgage bond documents must be lodged for cancellation, release, or substitution of the
debtor. Proof of exemption from transfer duty (since the transfer arises from inheritance) must also
be provided. If there are testamentary conditions affecting the bequest, additional supporting
documents may be required. The specific requirements may vary slightly depending on the deeds
office’s regulations, but these are the essential documents needed to finalize the endorsement process
efficiently.
