18.02.08 - Mayyit of: Rookeya Casoojee (Mother of Yusuf Casoojee) - VENUE: 97 Balfor Road Mackenzieville Nigel - TIME: 14:30 - QABRASTAAN: Nigel - CAUSE OF DEATH: Natural

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Abu Hurairah (May Allah be pleased with him) reported: Messenger of Allah (PBUH) said, "He who believes in Allah and the Last Day, let him be hospitable to his guest; and he who believes in Allah and the Last Day, let him maintain good the ties of blood relationship; and he who believes in Allah and the Last Day, must speak good or remain silent". [Al-Bukhari and Muslim]

Commentary: This Hadith is mentioned here to highlight the importance of kindness to relatives. It enjoins considerate treatment to relatives and stresses that one should maintain relationship with them at all costs. So much so that even if they misbehave and sever relations with him, one should make efforts to restore not only relationship with them but also their rights. This is what kindness to relatives really means. Islam has laid great stress on it. Relatives include both paternal and maternal relatives.

Transfer duty or Value Added Tax - where transfer duty is payable to the Government it is calculated as follows: nothing on the first R500,000,00 of the purchase price, 5% on the balance of the purchase price between R 500 001 up to R1 000 000,00 and thereafter 8% on the amount above R1 000 000,00 in the case of natural persons, (properties sold for less than R500 000,00 are exempt from transfer duty) and 8% where the purchaser is a company or close corporation. VAT is currently payable at the rate of 14% of the purchase price.

A pro rata portion of the rates payable on the property to the relevant local authority (or a pro rata portion of the levies payable to the Body Corporate in the case of a flat (plus Value Added Tax where applicable). Pest clearance and electrical compliance certificates together with any costs involved in making the house fit for the issue of such certificates are usually the responsibility of the seller.

The conveyancer's fee is determined by a guideline tariff but the amount of the fee may be negotiated with the conveyancer.

Where a bond is to be registered, the purchaser will have to pay the stamp duty payable on the bond (0,2% of the amount secured by the bond) an amount charged by the financial institution for the inspection of the property, provisional interest and insurance premiums and the conveyancer's fee (calculated on a sliding scale based on the amount of the bond).

Who arranges these transactions?
Having carried out the necessary searches in the deeds office and having checked all the details of the property and parties to the transaction, the conveyancer prepares the title deed and other necessary documents and on behalf of the purchaser pays the Receiver of Revenue and of both the seller and purchase the local authority.

Once the documents have been signed by the purchaser and the seller, and the purchaser has paid the costs and made satisfactory provision for the payment of the purchase price, the conveyancer can proceed with the registration of transfer of the property in the purchaser's name. (He will only do so, however, once the purchase price has been paid or secured).

What happens with the trust monies?
Section 78(2a) of the Attorneys Act specifically makes provision that an attorney, at the instruction of any person, may open a trust savings or other interest bearing account and the interest is paid out according to instruction. These funds are protected by the Attorneys Fidelity Fund. The attorney may charge a fee for this service.

Ridwaan Desai could be contacted on legal@desaiattorneys.co.za

Next Column : What happens at the Deeds Office

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Polls have opened amid tight security in Pakistan for delayed parliamentary elections that could result in victory for the party of Benazir Bhutto, the assassinated former prime minister.

A special session of Kosovo's parliament has voted to declare independence from Serbia, with thousands of ethnic Albanians jamming the streets of Pristina, the main city, for the historic moment.

The Israeli prime minister Ehud Olmert has played down the chances of a full peace deal for the Middle East by the end of the year.

The Philippine coastguard is searching for 28 Chinese fishermen after their ship sank off the northwest coast of the country.

Gauteng Premier Mbhazima Shilowa today delivered the state of the province address at the opening of the Gauteng legislature.

JHB metro police arrested 23 motorists for speeding over the weekend. Superintendent Wayne Minnaar says the arrests were made at a manual speed trap at the Olifantsfontein offramp on the N1 north on Saturday night.

By Zohra Moosa (Deaf Poet/Author)

"Because….

I love writing because
it's my psychologist.
I am proud to be Muslim because
it teaches me love, acceptance and happiness.
I believe the Almighty Above because
Thee created me for a purpose.
I adore my study-room because
it gives me energy.
I hate jealousy because
it creates enmity.
I adore pale pink in colour because
its character is delicate.
Animals are my favourite because
they are beautiful.
I'm crazy with nature because
they have beauty.
I wish to live in the sea-shore because
the waves are stunning and soundless.
I love children because
they love the loves, warmth and hugs.
I enjoy being with elderly persons because
they are experienced and wise.
I admire disabled people because
of their bravery and hardships.
I like reading because
the more I know, the less I say.
I am lucky to be me because
I have my world of silence.
I am grateful to my parents because
of their extra-ordinary care, love, patience and courage for me,
or else you will not read this poem today!