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Administration of Estates Act, 1965 (Act No. 66 of 1965)

Chapter IV: Tutors and Curators

80. Restriction on alienation or mortgage of immovable property by natural guardian, tutor, or curator

 

1) No natural guardian shall alienate or mortgage any immovable property belonging to his minor child, and no tutor or curator shall alienate or mortgage any immovable property which he has been appointed to administer, unless he is authorised thereto by the Court or by the Master under this section or, in the case of a tutor or curator, by any will or written instrument by which he has been nominated.

 

2) The Master may at any time authorise—
a) any alienation of immovable property belonging to a minor or to a person for the administration of whose property a tutor or curator has been appointed, if the value of the particular property to be alienated does not exceed R100,000 and the alienation would be in the interest of the minor or of such person, as the case may be; and
b) any mortgage of any such immovable property to an amount not exceeding in the case of any one such minor or person, ten thousand rand, if the mortgage is necessary for the preservation or improvement of the property or for the maintenance, education or other benefit of such minor or person, as the case may be.

 

 


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