Deed of transfer: recitals (causae): sales

1
Sale by the seller personally

“his principal had on (day, month, year) truly and legally sold the hereinafter mentioned property”

2
Sale by representative, for example guardian, executor, administrator,
trustee, curator or liquidator1

“his principal(s) in his (or their) capacity aforesaid had on (day, month, year) truly and legally sold
the hereinafter mentioned property”
1
See Precedents C10 and C11; in the case of a sale in insolvency or liquidation the causa should state
with whose approval the property was sold, see article by West 1992 De Rebus 715, eg “his principal in
his capacity aforesaid had on (day, month, year) truly and legally sold the hereinafter mentioned
property with the approval of the creditors given at the second meeting of creditors”.

3
Sale by agent or his principal2
2
See Precedent A6.

3.1
Where his principal was the seller

“the said (full name of seller) had on (day, month, year) truly and legally sold the hereinafter
mentioned property”

3.2
Where he himself sold on his principal’s behalf

“his principal acting in his capacity aforesaid had on (day, month, year) truly and legally sold the
hereinafter mentioned property”

4
Sale by company, close corporation3

“the said (name of body corporate) had on (day, month, year) truly and legally sold the hereinafter
mentioned property”
3
See Precedent A6.

5
Sale by partnership4

“the said partnership had on (day, month, year) truly and legally sold the hereinafter mentioned
property”
4
See Precedent A6.

6
Sale by a seller who dies before transfer of the property

“the deceased, (full name of deceased), had during his lifetime on (day, month, year) truly and
legally sold the hereinafter mentioned property”

7
Sale in execution
“in terms of a warrant (or writ) of execution addressed to the sheriff for (specify area for which
sheriff appointed), issued on (day, month, year) pursuant to a judgment of the (name and place of
court) in an action in which (name of plaintiff) was the plaintiff and (full name and identity number
or date of birth, as the case may be, of defendant) was the defendant, the sheriff attached the
hereinafter mentioned property registered in the name of the defendant and sold it by public
auction on (day, month, year) to the hereinafter mentioned transferee”

8
Sales by joint estates

8.1
Sales by an executor

8.1.1
Husband or wife deceased leaving spouse surviving who is not the executrix
or executor

“the said (full name of surviving spouse)5 and the said executor in his capacity as such had on
(day, month, year) truly and legally sold the hereinafter mentioned property”.
5
Ie where the whole property and not only the deceased’s share in it has been sold; see s 21(a) DRA.

8.1.2
Survivor also the executor or executrix

“the said executor (or executrix), namely, (full name and identity number or date of birth, as the
case may be, of surviving spouse), widower (or widow), being also the surviving spouse of the said
deceased, had in his (or her) capacity as executor (or executrix) (and (where applicable) in his
(or her) personal capacity) on (day, month, year) truly and legally sold the hereinafter mentioned
property”.

8.2
Sales during the lifetime of the spouses

8.2.1
Sale by the surviving spouse, who is also the executor or executrix, during
the lifetime of the deceased spouse6

“(full name and identity number or date of birth, as the case may be, 7 of surviving (spouse),
widower (or widow),8 had on (day, month, year) during the lifetime of the said (full name of
deceased spouse), to whom he (or she) was married in community of property, truly and legally
sold the hereinafter mentioned property”.
6
See s 15(1) DRA read with s 15(2)(a) of the Matrimonial Property Act 88 of 1984 (MPA); see also s 21(e)
DRA.
7
Reg 24(1)(a) DRA.
8
S 17(2)(a) DRA.

8.2.2
Sale by the deceased spouse during his or her lifetime

“the said (full name of deceased spouse) had during his (or her) lifetime on (day, month, year) and
while married in community of property to the said (full name of surviving spouse) truly and legally
sold the hereinafter mentioned property”.9
9
S 15(1) read with s 15(2)(a) MPA and fn 11 supra.

9
Sale to a person (since deceased) during his or her lifetime

9.1
Where he or she was unmarried or married out of community of property
“this principal had on (day, month, year) truly and legally sold the hereinafter mentioned property
to (full name of purchaser) who has since died on (day, month, year) and transfer of the said
property must accordingly be passed in favour of his (or her) estate”.10
10
Reg 54(1) DRA.

9.2
Where he or she was married in community of property

9.2.1
Sale to husband or wife who dies before transfer leaving a surviving spouse

“his principal had on (day, month, year) truly and legally sold the hereinafter mentioned property
to (full name of purchaser) who was at that date married in community of property to the
undermentioned (full name of surviving spouse) but who has since died on (day, month, year) and
transfer of the said property must accordingly be passed in favour of their joint estate”.

9.2.2
Sale to husband or wife but both spouses die before transfer

“his principal had on (day, month, year) truly and legally sold the hereinafter mentioned property
to the undermentioned (full name of deceased purchaser) who was at that date married in
community of property to the undermentioned (full name of purchaser’s deceased spouse) but
both spouses have since died, he (or she) on (day, month, year) and she (or he) on (day, month,
year) and transfer of the said property must accordingly be passed in favour of their joint estate”.

10
Sale in terms of an order of court

“ his principal in his capacity aforesaid had on (day, month, year) truly and legally sold the
hereinafter mentioned property in terms of an order of the (description of court) dated (day,
month, year)”.

11
Purchase in terms of an order of court11

“his principal in his capacity aforesaid had on (day, month, year) truly and legally sold the
hereinafter mentioned property to the hereinafter mentioned transferee, whose purchase was
confirmed by an order of the (description of court) dated (day, month, year)”.
11
An example of an instance in which such confirmation is required is to be found in s 82(7) of the
Insolvency Act 24 of 1936, which provides that the trustee or an auctioneer employed to sell property of
an insolvent estate or the trustee’s or the auctioneer’s spouse, partner, employee or agent, shall not
acquire any property of the estate, unless the acquisition is confirmed by an order of the court; because
of the difficulty Registrars of deeds have in giving effect to this provision, Registrars’ Conference
Resolution 12 of 1977provides that proof will be called for only where a contravention is obvious;
conveyancers should therefore be all the more on their guard to ensure that a confirmatory order is
obtained where the subsection applies. See also Estate Jamodien v Registrar of Deeds 1933 CPD 348.