Please help

8

8....3....1

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River Park, JHB.
My father bought a house in '96 but because he could not qualify for a homeloan then he took a joint homeloan with my uncle. My father was the one who was paying for it, in 2002 my father passed away. The insurance paid the loan off but my uncle has the title deed. Now I need to have to house transfered to my name but my uncle keeps on delaying the process saying that he doesnt have time and recently he demanded cash before we can do the transfer. I need to know what actions can I take in this case to force him to give me the title deed and do the transfer?

Your help will be highly appreciated, Thanks.
 
Was there a will stating that you inherit the house? Out of interest how much money has he demanded? Paying him could work out cheaper then going the legal route.

To be honest he sounds like a douche...
 
Thats the problem, there was no will. I have two younger siblings so we all are entitled to inherit the house, I just want to take him out of the picture. The last time I spoke to him he said he will give me a figure im still waiting for him.
 
do you have proof of the insurance paying this and your father paying this house? if so then if i were you i would definitely look for a lawyer to get this sorted out. it would seem to me that this uncle of yours is dragging his feet and is playing hardball.
 
It would also be interesting to know who actually lived in the house during this time? Who lives in the house now. Who has the keys and right of access? All of this does does play an important part as well.
 
Celine said:
do you have proof of the insurance paying this and your father paying this house? if so then if i were you i would definitely look for a lawyer to get this sorted out. it would seem to me that this uncle of yours is dragging his feet and is playing hardball.
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I dont have proof of the insurance paying it off my uncle has it.....I do have proof of my father paying for the house, he sent me to do the payment. I still have the slips.
 
MightyQuin said:
It would also be interesting to know who actually lived in the house during this time? Who lives in the house now. Who has the keys and right of access? All of this does does play an important part as well.
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We used to live there until my father passed away, now the house is vacant.......I have the keys.
 
8....3....1 said:
We used to live there until my father passed away, now the house is vacant.......I have the keys.
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Well, then you have squatters rights by default. What do you want to do with the house? Sell it, rent it out or live in it? Anyway, I suggest you go to conveyancy lawyers and tell them that you want the house transferred onto your name, but you have this issue. They will gladly give you free advice and even assist you with this issue for free since they will make their money from the conveyancy. Unfortunately if the house is in your uncle's name...he is the legal owner. It doesn't matter who paid for the house. Get a copy of that deed from the deeds office. Also, who's name is on the municipal bill?
 
MightyQuin said:
Well, then you have squatters rights by default. What do you want to do with the house? Sell it, rent it out or live in it? Anyway, I suggest you go to conveyancy lawyers and tell them that you want the house transferred onto your name, but you have this issue. They will gladly give you free advice and even assist you with this issue for free since they will make their money from the conveyancy. Unfortunately if the house is in your uncle's name...he is the legal owner. It doesn't matter who paid for the house. Get a copy of that deed from the deeds office. Also, who's name is on the municipal bill?
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The house is in both their names (my father & uncle). I want to sell it. Thanks for the help.
 
Yes, lawyer is a good idea. I reckon he'll tell you though that you need to buy 50% from your uncle & he can negotiate from a position of strength so that will probably be an expensive 50%.
 
HavocXphere said:
Yes, lawyer is a good idea. I reckon he'll tell you though that you need to buy 50% from your uncle & he can negotiate from a position of strength so that will probably be an expensive 50%.
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Yep...unfortunately your uncle owns half the house. It really doesn't matter in the eyes of the law who paid for it. What does He want to do with the house? Why not sell it and spilt 50/50...that may be the best you will ever get? Even if there was no will, you still own half the house now. Where is your mother in the equation? Were they married "in community of property"? If she is still alive she now owns 50% of the house.
 
MightyQuin said:
Yep...unfortunately your uncle owns half the house. It really doesn't matter in the eyes of the law who paid for it. What does He want to do with the house? Why not sell it and spilt 50/50...that may be the best you will ever get? Even if there was no will, you still own half the house now. Where is your mother in the equation? Were they married "in community of property"? If she is still alive she now owns 50% of the house.
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No they were not married.
 
now this is really irresponsible on the man's fault. he should have made sure that everything was in order. he should have left a will. people should always think responsibly and do things in the best interest of their children before things like this rear their ugly heads. it's always when a person dies that there is nastiness.
 
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