LPL4804 Assignment
1 Semester 2 2024 -
DUE 15 August 2024
QUESTIONS WITH COMPLETE ANSWERS
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[Course title]
, 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
1.1. Signing Transfer Documents and Power of Attorney
Peter, domiciled in Zimbabwe and married there, wishes to sign transfer documents and a power
of attorney to transfer property. The main legal question involves the capacity of a foreign
domiciled person to execute such documents under South African law.
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