My late father registered our family home in my stepmother's name. What rights to the house do me and my siblings have?

The long answer

When someone applies for an RDP house, they must either be married or living with a partner, or single but have dependants. The names of these dependants are listed by the municipality in the application. You and your brothers were probably dependants named in your father’s RDP application, but this would not give you the right to inherit the house if he had registered the house in your stepmother’s name.

You probably know that an RDP house cannot be sold for eight years after it has been given to a beneficiary and must first be offered back to the state. If eight years have passed and your stepmother’s name is on the title deed of the house, she is the legal owner of the house.  

You could check that the title deed is in her name and the date the title deed was issued, by contacting the municipality or Department of Human Settlements. These are their contact details:  

• Department of Human Settlements:

Toll-free customer service hotline: 0800 146 873 / 012 421 1915

• City of Ekurhuleni Call Centre: 0860 543 000

Email: call.centre@ekurhuleni.gov.za

The title deed is the only legal proof of ownership. So, if the house was put into your stepmother’s name at the Deeds Office through a conveyancing lawyer, and she wants to sell the house now, she probably can. Burnett Attorneys & Notaries Inc. says that legally, stepparents have no rights or obligations regarding their stepchildren.

When someone dies, their death must be reported to the Master of the High Court, who must appoint an executor or person with a letter of authority to wind up the deceased estate. The person appointed must see that the property goes to the right heirs.  

You could ask for information and advice about your late father’s deceased estate from the Master of the High Court in Gauteng. These are their contact details:

Tel: 011 429 8000/ 1001

Email: DeVanWyk@justice.gov.za

Physical Address: No 66 Marshall Street, cnr Pixley ka Isaka Seme Street (Sauer Str) & Marshall streets, Hollard Building, JHB

You could also approach the Black Sash, which is an organisation that gives free paralegal advice and ask them to advise you on your rights.
These are their contact details:

• Black Sash 

Helpline: 072 66 33 73, 072 633 3739 or 063 610 1865

Email: help@blacksash.org.za

Wishing you the best,
Athalie