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LPL4804 Assignment 1 Semester 2 2024 - DUE 15 August 2024
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LPL4804 Assignment 1 Semester 2 2024 - DUE 15 August 2024 QUESTIONS WITH DETAILED ANSWERS
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LPL4804 Assignment 1Semester 2 2024 - DUE 15
August 2024
QUESTIONS WITH ANSWERS
, LPL4804 Assignment 1 Semester 2 2024 - DUE 15 August 2024
Question 1.
1.1. Peter is domiciled in Zimbabwean and married to his Zimbabwean wife
in Harare on the 1st of December 2023. Will Peter be able to sign transfer
documents and in particular the power of attorney to transfer? Explain. (5)
1.2. The transfer documents for Peter and Maria were lodged at the
Pretoria deeds registry office. Prior to the registration, the deeds controller
noticed that Peter’s name was misspelled as Pter in the deed of transfer of
the transfer only. Explain how this error can be corrected, if at all. (5)
1.3. Due to the delay with the correction above, Peter dies on the 1st of
February 2024 before the land is transferred and registered in his name.
Analyse the impact of the transferee’s death on the sale validity and
performance and explain the process to be followed with the process to be
followed with reference to Section 4 of the Deeds Registries Act. (5)
2. List exceptions where the surviving spouse does not have to be joined
with the executor in where the land forms a part of the joint estate.
Question 1.1
Peter, domiciled in Zimbabwe and married to his Zimbabwean wife in
Harare on 1 December 2023, may be able to sign transfer documents and
the power of attorney to transfer. However, the ability to do so depends on
several factors:
1. Nationality and Domicile: Since Peter is domiciled in Zimbabwe, the
laws of Zimbabwe will determine his legal capacity. Zimbabwean law
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