F. Self-classified owners are not beneficiaries - purchased the property informally

Where the occupant indicated that he or she purchased the property informally from a beneficiary, it is important to validate that this transaction took place and that property ownership is not contested. The original beneficiary/ies must be contacted so that he or she can confirm the transaction took place and agree that he or she has no claim on the property.

There are four primary scenarios:

• Property purchased from a beneficiary who is alive and contactable: No dispute

• 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

Where the beneficiary has been traced and confirms the transaction took place, the transfer can proceed either:

• through a back to back transfer,
• with a subsidy where the current occupant qualifies; or
• through a regularisation process where the current occupant does not qualify.

In some cases, the beneficiary may dispute that the transaction took place. In these cases, the housing authority must try to mediate between the parties, assess available evidence and transfer on the basis of available evidence.

In some cases, the purchase may be a third or fourth generation transaction (the beneficiary sold to A who sold to B etc.). In these cases, the housing authority should make reasonable attempts to locate the beneficiary and confirm that the beneficiary has, in fact, sold the property and has no claim on it. The housing authority has no obligation to other sellers and would be within its rights to transfer to the current occupant on the basis of available evidence.