The KwaZulu-Natal High Court in Durban has ordered an elderly couple to vacate a ground-floor residential unit in Phoenix by end of July 2026, following a family dispute over occupation of the property after the death of their son.

In an ex-tempore judgment (delivered immediately after a hearing), Judge Robin George Mossop granted an eviction order against Thamanathran Govindan, 79, and Romila Govindan, 72, who had been living in the property with the consent of their late son and his wife.

The application was brought by Sarojanie Govindan, both in her personal capacity and as executrix of her late husband’s estate. The property is registered in the names of the deceased and Sarojanie, who is also the sole heir under a joint will.

The court heard that the parents were allowed to occupy the Phoenix property in April 2021 on the understanding that they would pay for utilities. Their son died four months later, in August 2021. After his death, his widow said she faced financial difficulties and decided to sell the property, giving notice to her parents-in-law to vacate in January and October 2022.

Despite the notices, the couple remained in occupation. Sarojanie told the court that a potential sale of the property had previously fallen through because the in-laws refused to move.

Her in-laws opposed the eviction, arguing among other things that they had been persuaded by their son to move into the property and that they had no secure alternative accommodation. They also raised technical objections to the validity of the deceased’s will and the appointment of the executrix, which the court dismissed.

Judge Mossop found that the in-laws had no legal right to remain in the property indefinitely and that their occupation was based on the generosity of the owners, which could lawfully be withdrawn.

While expressing sympathy for the couple’s situation and criticising the lack of compassion shown within the family, judge Mossop held that Sarojanie was legally entitled to regain possession of the property.

In applying the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, the court considered whether the eviction would be “just and equitable.” A report from the eThekwini Municipality indicated that the couple had a combined monthly income of R5,200 and that their daughter had indicated a willingness to accommodate them if an eviction order were granted.

Taking into account the couples’ advanced age, the court granted them more than six months to vacate. During this period, they must continue paying utility costs.

Importantly, the court ordered that Sarojanie must pay her in-laws reasonable relocation costs, provided they move to accommodation within the greater Durban area. Judge Mossop said it was unlikely that the deceased would have intended his parents to bear the financial burden of relocating.

If the elderly couple fail to vacate by July 2026, the sheriff of the court is authorised to evict them.

sinenhlanhla.masilela@iol.co.za

IOL News

Get your news on the go. Download the latest IOL App for Android and IOS now.

Source link