Half-brothers in court battle over a house in Soweto after the late father leaves the family home in his biological son’s name. File Picture: Simphiwe Mbokazi / Independent Newspapers
An aggrieved man dragged his half-brother to court after he tried to evict him from the family home, following the death of their parents.
Percy Mosuetsa approached the Gauteng High Court, Johannesburg, after he learned that his half-brother, Thabo Mosuetsa, had been left as the sole owner of their Soweto home.
Percy had been residing on the property since 1995.
His mother, Sibongile Mosuetsa, and stepfather, Solomon Mosuetsa, got married in community of property in 1968.
Sibongile came into the marriage with Percy from a previous relationship. Three children were born between Sibongile and Solomon. Their eldest son was Thabo.
Sibongile passed away in July 2003, and in October 2007, Solomon wrote an affidavit leaving the property to Thabo before passing away in 2011.
In February 2008, Thabo received a letter of authority from the Master authorising him to take control of the assets in the estate of his late mother.
In April 2012, the Master issued another letter of authority in favour of Thabo, authorising him to take control of the assets in the estate of his late father.
In November 2013, Thabo obtained a court order evicting Percy and everyone who occupied the property.
Further, the order directed that Percy be interdicted from returning to the property after being evicted.
The judge who made the order said Thabo was the undisputed owner of the property.
Disenchanted with the outcome, Percy filed an appeal and wanted the court to remove his half-brother as the Master’s appointed representative of the deceased estates of their parents.
He also required that the registrar of deeds be ordered to reverse or prevent the transfer of ownership of the property.
Judge Wendy Hughes said the previous court order was consistent with the law and that this necessitates compliance, regardless of whether or not the party against whom the order is granted believes it to be a nullity.
Judge Hughes said there was no basis to interfere with the order granted by the full court.
She dismissed Percy’s appeal with no costs.
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