Registrars' Conference Resolutions - Centre for Conveyancing ...

Waiver of limited interestQuestionWhere massing and adiation have occurred, may the person who has adiatedthe terms of the will, simultaneously with the transfer of the immovable propertyto the heir, waive his/her limited interest in the massed property?Resolution Yes, see Rampathy v Krumm NO and Others 1978 (4) SA 935 –(RCR24/2012). 30Power of executors to transferQuestion Where a company, consisting of only one director, has sold immovable propertyduring the lifetime of such sole director and the land must now be transferred,who has the capacity to affect such transfer? The Companies Act No. 71 of 2008is not clear in this regard.Resolution The executor cannot pass transfer. A new director will have to be appointed toperform the act of registration – (RCR25/2012)Date of transaction where massing and adiation take placeQuestionIn terms of the Transfer Duty Manual issued by SARS, there is a vast amount ofconfusion as to the date of transaction where massing and adiation take place,as well as with repudiation, in cases of testate and intestate succession. Whatwould be the “date of transaction”?Resolution The date of the death of the “testator” will be the date of the transaction –(RCR27/2012).3230In the causa of such transfer, the full facts have to be mentioned, in other words … whereas adiation has takenplace, whereas the property is subject to a usufruct and whereas the usufruct has been waived…February 2013Self-Study Deeds Course