Answer to a question from a reader

Is it possible for an RDP house to change ownership without the signed permission of the person who was named the dependent?

The short answer

You should first find out whether the title deeds were issued in your mother's name.

The whole question

I have a question concerning my late mother’s RDP house. My mother’s RDP house was issued around 1998. During the year 2008, my grandmother sold the RDP house. I am the dependent on that house and my consent was needed. I want to know if it’s possible for them to change ownership without the dependent's signature?

The long answer

If your late mother died without making a will, her husband and descendants are first in line to inherit, according to the Intestate Succession Act of 1989. If there is no living husband, you and any other children she had should inherit the house in equal shares. If there were no descendants, your grandmother would inherit the house.

Perhaps you should find out first if there were title deeds issued for the house in your mother’s name. You would need to go to your nearest Deeds Office in person, with the erf number of the house, not the street address, and your mother’s ID and death certificate if you have it, and ask them to check if title deeds were issued to your mother. You would need to pay about R14.00 for the search and they can give you a copy if there are title deeds.

If there were no title deeds issued, you could go to the municipality where you mother made her application for the RDP house, explain that you were the dependant in her application and ask them to advise you on what you can do now. 

You may also want to consult Legal Aid: 

Legal Aid Advice Line (Toll-free): 0800 110 110

Legal Aid Ethics Hotline: 0800 153 728

Please-Call-Me number: 079 835 7179

Answered on July 9, 2020, 11:10 a.m.

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Please note. We are not lawyers or financial advisors. We do our best to make the answers accurate, but we cannot accept any legal liability if there are errors.