Section 42(2) of the Administration of Estates Act 66 of 1965 provides that any executor who desires to effect the transfer of any immoveable property in pursuance of a sale shall lodge with the registration officer, in addition to any other such deed or document, a certificate by the master that no objection to such transfer exists.
Any estate transfer where the causa (reason) in the Power of Attorney to transfer indicates that such transfer is in accordance with a sale, the master’s endorsement to such transfer must first be obtained whether the sale of the property in question was concluded before or after the death of the deceased.
The Conveyancer attending to a transfer of this nature must submit the Power of Attorney to transfer to the Master where the estate was reported for endorsement of the said Power of Attorney before lodgment of the transfer in the deeds registry.
In practice, the JM33_42 form (Application for endorsement) must be completed and signed by the executor of the estate or authorized agent and thereafter submitted to the master together with the power of attorney to transfer, a copy of the Deed of sale certified by the Conveyancer and consent(s) of the heir(s). The master’s requirements could differ depending on whether the sale was concluded before or after the death of the deceased.
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