SUMMARY: Property - Deceased estate - whether the deceased had waived/abandoned her right to the ownership of certain portions of her property which were transferred to first and second respondents.

ORDER

On appeal from: North Gauteng High Court (Pretoria) (Botha J sitting as court of first instance).

The following order is made:

1. The appeal is upheld with costs, such costs to be paid by the first and second respondents, jointly and severally the one paying the other to be absolved.

2. The order of the court a quo is set aside and substituted with the following:

‘(a) The third defendant is ordered to rectify the title deed of Portion 2 and Portion 3 of Mazunga 142, Registration Division KT Limpopo Province, by cancelling the transfer and registration of the said portions in the names of first defendant, Isabella Christena Coetzer and the second defendant, Johannes Meintjes, and re-transferring and registering the said Portion 2 and Portion 3 into the name of deceased estate of John Meintjes (ID 170610 0008 086).

(b) The first and second defendant's counter claim is dismissed.

(c) The first and second defendant's are ordered to pay the plaintiff's costs, jointly and severally the one paying the other to be absolved.'