The short answer
Yes, you should be able to sell the house if you apply to the Master of the High Court to approve the sale of the house.
The whole question
I was married to a man who had an RDP house. His name is on the municipal bills. We lived together until he died without leaving a will. A day after his passing, I was harassed by his children and the community. They kicked me out of the house, along with my child.
My daughter and I are now homeless. I have letter of executorship for my late husband's house. Can I sell the house so as to buy another house at safer place?
The long answer
Yes, you should be able to sell the house provided that you, as the executor, apply to the Master of the High Court to approve the sale of the house. This you do by completing form JM33 which you will get from the conveyancing attorneys. With this application form you must also hand in a certified copy of the offer to purchase.
There is no transfer duty to pay because the transfer only involves endorsing the title deeds of the house to show that you, as the surviving spouse, are now the full owner of the property. But you will have to pay a fee to the conveyancing attorney for getting the title deeds endorsed in your name.
I am very sorry that you have been treated so badly by your late husband’s children, and that you and your daughter now fear for your lives. Perhaps you should ask the police to indicate what protection they can give you until you are able to sell the house.
Answered on Oct. 13, 2020, 3:28 p.m.
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.