Mr H was only seven years old, when his mother bought him a house, a gift meant to secure his future, after her passing, his grandmother assumed guardianship believing he would always remain a child in need of protection.

Now an adult, he legally sold the property-an act fully supported by the deed of transfer, which contains “no condition restricting him from selling” the house.

Yet despite the law being firmly on his side, the sale has caused tension, revealing the deep-rooted belief that orphans should never be seen as independent adults.

According to Section 17 of the Children’s Act 38 of 2005, a child whether male or female becomes a major when he or she turns 18 years of age.

In terms of Section 63 of the Deeds Registries Act 47 of 1937,

“No deed , or condition in a deed, purporting to create or embodying any personal right, and no condition which does not restrict the exercise of any right of ownership in respect of immovable property , shall be capable of registration: Provided that a deed containing such a condition as aforesaid may be registered if, in the opinion of the registrar , such condition is complementary or otherwise ancillary to a registrable condition or right contained or conferred in such deed”.

Examples of the conditions contained in the deed are:

• Exclusion of community of profit and loss,
• Usufruct for life in favour of the said XXXXXXXX or the survivor of them, and
• The property may not be sold, without first obtaining the consent of the following person XXXXXXX.

According to the teachings of our forefathers, a house is sacred, communal, and spiritually significant. It’s much more than a building; it’s the heart of the family and the home of the ancestors.

"Our Forefathers believed that a family home should never be sold, as it is the place where most ancestral rituals are carried out, and failing to respect this can cause the ancestors to turn their backs on you."

How true this seems will vary according to each person’s perspective and beliefs.

In this case, the deed of transfer for the house purchased by his mother contains no condition preventing Mr H from selling the said property registered in his name. Mr H is the lawful owner and may deal with the property as he wishes.