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12 Cards in this Set
- Front
- Back
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Categories of property |
general property House property Personal or individual property |
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General property |
belongs to household as a whole Controlled by head of house Members have shares in the property according to hi/her status within the group general property includes: * property of family head's mother's house to which he succeeded *land that was allocated to family head by tribal authority |
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House property |
Property that belongs to each separate house Controlled by head of house he is morally obliged to consult with the wife of the house and the house successor Property of one house is used to benefit another-dept has to be repaid House property includes: -Livestock -property given to woman on her marriage -marriage goods-lobolo -crops -land |
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personal or individual property |
property that belongs to a person who has acquired it, although it may be under the control of the family |
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Customary law of succession General principle |
*succession only takes place on the death of a predecessor *Old-succession was related solely on status. *Modern- individual inheritance of property to some extent *uncommon to dispose of their assets by means of a will *Succession status is limit largely to males Succession follows the principle of primogeniture a duty that can not be relinquished or ceded successor may be removed on good grounds |
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general order of succession |
1. succession through death 2. primogeniture 3. succession my males in the male line |
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Succession in monogamous household |
1. oldest son (if deceased his eldest son) 2. Eldest died with no son, the second son and his sons 3. die with No male descendants-the deceased father 4. if no father of brother- the grandfather or one of his male descendants, according to seniority 5.Same with great grandfather and his descendants 6.No male-traditional ruler 7. no ruler- the president as supreme chief |
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Succession in polygynous marriage |
eldest son in each house succeeds in that particular house If he dies, all his descendant are considered if non his brothers and their descendants No male descendant, a successor is obtained from the house rank |
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the order of succession among male childrem |
1. a legitimate son procreated by the man himself 2. a married man's illegitimate son by virgin, widow or divorced woman from isondlo(maintenance) has been paid 3. Ngena children 4. adopted children and adulterous children 5. sons of widows not born of an ngena union 6. a premarital son of an unmarried woman |
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General succession and special succession |
general succession; Concerned with control over household and property of general estate- property belonging to agnatic group as a whole Special succession; concerned with control over the house and house property |
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Disposition inter vivos Allotment that can be made by successor and remain valid after his death |
allotment of; 1. Property to a specific house or son 2. adoption, which influences the normal order of succession 3. transfer of a younger son from one house to another house without a son 4. seed-raiser is an alternative means of trying to ensure a successor in a house without a son 5. allocation of daughters to sons in a house as a means of providing for marriage goods 6. Ukengena , or the procreation of a successor for a deceased man b y his widows 7. disherison (disinheritance) as a means of eliminating a potential successor from the succession order |
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Statutory regulation of the customary law of inheritance in SA |
1. Testamentary disposition 1 January 1929 the Black Administration Act commenced; Customary Law of Succession and Regulation of Related Matters Act No 11 of 2009 |
