Ownership was transferred to the man's daughter, but the R650,000 purchase price was never paid.
Mr Fredericks, a 77-year-old man from Cape Town, successfully regained ownership of his home after the Western Cape High Court ruled that his daughter failed to pay the agreed R650,000 purchase price and rejected her claim that he suffered from dementia when the transaction was concluded.
The judgment, handed down by Acting Judge Yake, ordered the property transferred back to the father after finding that the daughter had failed to honour the sale agreement and had not established that he lacked capacity at the time.
“It is indeed unfortunate that this dispute arises within the context of family relations, for courts have consistently emphasised that such conflicts are best resolved outside of litigation, so as to avoid further strain upon familial bonds,” Yake wrote.
According to the judgment, Fredericks sold the property to his daughter in February 2022 for R650,000. Ownership was transferred into her name three months later, but the purchase price was never paid.
