Financial Management of Parliament Act, 2009
R 385
Deeds Registries Act, 1937 (Act No. 47 of 1937)Chapter III : Registration of LandTransfer of Land21. Transfer or cession from joint estate |
In any deed of transfer or deed of cession lodged in a deeds registry and relating to an asset in a joint estate, the surviving spouse shall be joined in his or her personal capacity with the executor of the estate of the deceased spouse except—
| (a) | where the executor is dealing only with the share of the deceased spouse; or |
| (b) | where the asset has been sold to pay the debts of the joint estate; or |
| (c) | where there has been a massing of the joint estate and the surviving spouse has adiated; or |
| (d) | where such transfer or cession is in favour of the surviving spouse; or |
| (e) | where the power of attorney to pass such transfer or cession, has been signed by the surviving spouse in the capacity of executor. |
[Section 21 substituted by section 53 of Act No. 24 of 2003 (as amended by section 1 of Act No. 11 of 2005)]
