A pensioner has successfully regained ownership of his property after the Western Cape High Court ruled that his daughter breached their sale agreement.
After a property deal soured, a pensioner has successfully regained ownership of his home after the Western Cape High Court ruled that his daughter breached a sale agreement by failing to pay the R650,000 purchase price, despite her taking transfer of the home more than three years after concluding a sale agreement.
The court rejected the daughter's claims that her father lacked mental capacity due to dementia and found her attempts to retain ownership were unsupported by the terms of the agreement.
In the ruling, Acting Judge of the High Court, Siviwe Yake, highlighted the need to protect older persons from potential financial abuse and property dispossession, particularly within family relationships.
The agreement between the two provided that transfer of the property would be effected only on payment of the purchase price, with the father reserving the right to cancel the agreement in the event of any breach of its terms.
