| 1) |
If any person dies within the Republic or if any person ordinarily resident in the Republic at the time of his or her death dies outside the Republic leaving any property therein, the surviving spouse of such person or more than one surviving spouse jointly, or if there is no surviving spouse, his or her nearest relative or connection residing in the district in which such person was ordinarily resident at the time of his or her death shall, within fourteen days after the death or within such further period as the Master may allow— |
[Section 9(1)(a) substituted by section 8 of Act No. 11 of 2009]
| a) |
make an inventory in the prescribed form, in the presence of such persons having an interest in the estate as heirs as may attend, of all property known by him to have belonged, at the time of the death— |
| ii) |
in the case of the death of one of two spouses married in community of property, to the joint estate of the deceased and such surviving spouse; or |
| iii) |
in the case of the death of one of two or more persons referred to in section thirty-seven , to the massed estate concerned; |
| b) |
subscribe such inventory in his own hand and endorse thereon the names and addresses of the persons in whose presence it was made; and |
| c) |
deliver or transmit such inventory to the Master. |
| 2) |
The Master may; at any time, notwithstanding the provisions of sub-section (1), by written notice— |
| a) |
require any person to make, in the presence of such persons referred to in paragraph (a) of the said sub-section as may attend, to subscribe and endorse as provided in paragraph (b) of the said sub-section and to deliver or transmit to him, within the period specified in the notice, an inventory in the prescribed form of all property known by such person to have belonged at the time of the death— |
| ii) |
in the case of the death of one of two spouses married in community of property, to the joint estate of the deceased and the surviving spouse; |
| iii) |
in the case of the death of one of two or more persons referred to in section thirty-seven , to the massed estate concerned; |
| b) |
require any person who at or immediately after the death had control of the premises where the death occurred or of any premises where the deceased was living or staying or carrying on any business at the time of his death, to make, in the presence of the said persons, to subscribe and endorse as provided in paragraph (b) of the said sub-section, and to deliver or transmit to him, within the period specified in the notice, an inventory in the prescribed form of all the property known by him to have been in the possession of the deceased upon the said premises at the time of his death. |
| 3) |
Any person required by sub-section (1) or under paragraph (a) of sub-section (2) to make an inventory shall include therein a list specifying— |
| a) |
all immovable property registered in the name of the deceased or in which he knows that the deceased had any interest at the date of his death; and |
| b) |
all particulars known to such person, concerning any such property or interest. |
Mental Health Care Act, 2002
