Property purchased from a beneficiary who is deceased

Where the all beneficiaries are deceased, it is not necessary for the housing authority to try to locate heirs to validate that a transaction took place. The housing authority should examine the body of evidence pertaining to the transaction and where justified, transfer the property to the occupant and self-classified owner in line with this evidence. This might require the self-classified owner to apply for a subsidy or follow the regularisation process.

If there is no evidence of a transaction, the housing authority may require the occupant to sign an affidavit warranting that he or she purchased the property. In addition, a suspensive clause could be added to the sale agreement that would nullify the sale if the occupants fraudulently claimed to have purchased the property.

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