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Beneficiary Administration & Transfer Toolkit
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Beneficiary Administration & Transfer Toolkit
HomeBeneficiary Administration & Transfer ToolkitLand / Legal Toolkit
  • Beneficiary Administration & Transfer Toolkit
  • How to use this resource
    • Feedback
  • Toolkit Approach
    • Maturity Roadmap
  • Guiding principles
  • Target Operating Model
    • Stakeholder Matrix
      • Members of the Public
      • Government
      • Private Sector
      • Project Team
  • DATA COLLECTION & VALIDATION
    • Overview
    • Collate existing administrative data on beneficiaries
      • Step 1: Extract data on project beneficiaries from the HSS
      • Step 2: Identify Additional Project Records
      • Step 3: Enrich Data
        • Home Affairs Data
        • Deed Registry Data
      • Step 4: Secure Data in Database
    • Extract Property and Subsidy Data
      • Step 1: Obtain project general plan/layout
      • Step 2: Extract subsidy values
      • Step 3: Extract data from the deeds registry
      • Step 4: Secure all Data in a Database
    • Collect data by Occupancy Survey
      • Required Data
      • Data Collection Platform
      • Data Collection Hardware
      • Fieldwork Team
        • Recruitment
        • Training
      • Community and Household Engagement
      • Data Collection
      • Data extraction and storage
  • CATEGORISATION
    • Overview
    • A. All self-classified owners are beneficiaries: Perfect match
    • B. Some self-classified owners are beneficiaries, but some are not
    • C. Self-classified owners are beneficiaries, but some beneficiaries are missing
      • Co-beneficiary is deceased
      • Beneficiaries are divorced
        • The divorce order specifies what should happen to the property
        • The divorce order does not mention the property
    • D. Self-classified owners are not beneficiaries but are the original occupants of the property
      • Submit or re-submit a subsidy application
      • Subsidy cannot be accessed
    • E. Self-classified owners are not beneficiaries - inherited the property from a deceased beneficiary
      • Self-classified owner is the spouse of a deceased beneficiary
      • Self-classified owners are other heirs (not a spouse)
    • F. Self-classified owners are not beneficiaries - purchased the property informally
      • Property purchased from a beneficiary who is alive and contactable: No dispute
        • Back to Back Transfer
        • Direct transfer to new owner
          • Self-classified owner to apply for a subsidy in his / her own right
          • Self-classified owner does not qualify for a subsidy and regularisation is required
      • Property purchased from a beneficiary who alive and contactable: Disputed transaction
      • Property purchased from a beneficiary who is alive but who cannot be traced
      • Property purchased from a beneficiary who is deceased
    • G. Occupant is Caretaker / Renter
    • Enabling Processes
      • Adjudicating disputes
      • Locating missing beneficiaries
      • Submit or re-submit a subsidy application
  • VALIDATION, REGULARISATION AND TRANSFER
    • Overview
    • Core Registration Process
    • Dealing with deceased estates
    • Regularising non-beneficiaries
    • Contracting with Conveyancers
  • TITLE DEED HANDOVER
    • Overview
  • Additional Resources
    • Case Studies
      • That's Mine!
      • Deceased Beneficiary
      • Owner, but not beneficiary
      • Formal Dispute Resolution
      • Beneficiaries with more than one property
    • POPIA: The Protection of Personal Information Act
    • Community Information
    • Sample Survey
    • Sales Agreement
    • Dispute Resolution
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  1. CATEGORISATION
  2. C. Self-classified owners are beneficiaries, but some beneficiaries are missing
  3. Beneficiaries are divorced

The divorce order does not mention the property

PreviousThe divorce order specifies what should happen to the propertyNextD. Self-classified owners are not beneficiaries but are the original occupants of the property

Last updated 3 years ago

The housing authority has inspected the divorce order but there is no reference to the property. In this case, the housing authority must attempt to make contact with or trace the beneficiary who is not in occupation.

The housing authority must inform both beneficiaries that the divorce order does not reference the property, and must request that the beneficiaries reach a settlement as to what should happen. The beneficiaries need to specify this settlement in writing and sign it in front of two witnesses.

Once a settlement has been reached and the settlement document has been forwarded to the housing authority, transfer can proceed in line with the settlement agreement.

What role should the housing authority play in helping divorced parties reach a settlement? The housing authority has no official mandate to assist parties to reach an agreement and may not have the capacity or skills to facilitate this interaction. However, the housing authority should refer beneficiaries to family lawyers or counselling services that operate in the area. Some options include Family Law Clinic () and (add others)

http://www.familylawclinic.org.za/legalhelp.html