Nurse eric muthoni
Ex parte Oxford 1920 CPD 367
Lpl4805 Notarial Practice
1 Lpl4805 Notarial Practice Studyguide
2 Lpl4805 Notarial Practice Studyguide
Notary exam - Enhanced application of knowledge
, Question 1
In Ex parte Oxford 1920 CPD 367 the court laid down the following guidelines for an application to
notarially execute and register a post-nuptial contract:
There must be an affidavit signed by both parties.
(3) Before the solemnisation of the marriage both parties must have made a binding agreement,
either express or tacit, to marry out of community of property.
(4) There must be good reasons why the parties did not have the agreement executed by a notary and
registered in the deeds registry.
(5) The parties must have made the application as soon as possible after realising that they had been
married in community of property.
(6) The application must be accompanied by a copy of the contract.
(7) The rights of creditors have to be protected when this order is made.
If the Court is satisfied that the above requirements have been duly complied with it will issue an order for
the postnuptial execution of the contract before a notary and its registration in the deeds registry. 1
Question 2
2.1
Section 3(a) of Act 70 prohibits the physical subdivision of agricultural land, section 3(b) the transfer of an
undivided share in agricultural land which has not yet been held as such by anyone, and section 3(c) the
further reduction of an undivided share in agricultural land. Consequently it is possible that a co-owner can
transfer a part of his or her undivided share to the remaining co-owners without the permission of the
Minister, provided that, simultaneously with the transfer, a certificate of registered title in terms of section
35 of the Deeds Act is taken out in respect of each co-owner’s total undivided share in the land. This
increases the shares of the remaining owners and at the same time prevents the newly acquired share
from being dealt with separately. The effect of the will, will not be carried out without Minister’s
consent .They may however redistribute, and agree that the land will be transferred only to one person or
that the transfer of the entire property will be transferred to a company of which the heirs may be
Nurse eric Muthoni document
Ex parte Oxford 1920 CPD 367
Lpl4805 Notarial Practice
1 Lpl4805 Notarial Practice Studyguide
2 Lpl4805 Notarial Practice Studyguide
Notary exam - Enhanced application of knowledge
, Question 1
In Ex parte Oxford 1920 CPD 367 the court laid down the following guidelines for an application to
notarially execute and register a post-nuptial contract:
There must be an affidavit signed by both parties.
(3) Before the solemnisation of the marriage both parties must have made a binding agreement,
either express or tacit, to marry out of community of property.
(4) There must be good reasons why the parties did not have the agreement executed by a notary and
registered in the deeds registry.
(5) The parties must have made the application as soon as possible after realising that they had been
married in community of property.
(6) The application must be accompanied by a copy of the contract.
(7) The rights of creditors have to be protected when this order is made.
If the Court is satisfied that the above requirements have been duly complied with it will issue an order for
the postnuptial execution of the contract before a notary and its registration in the deeds registry. 1
Question 2
2.1
Section 3(a) of Act 70 prohibits the physical subdivision of agricultural land, section 3(b) the transfer of an
undivided share in agricultural land which has not yet been held as such by anyone, and section 3(c) the
further reduction of an undivided share in agricultural land. Consequently it is possible that a co-owner can
transfer a part of his or her undivided share to the remaining co-owners without the permission of the
Minister, provided that, simultaneously with the transfer, a certificate of registered title in terms of section
35 of the Deeds Act is taken out in respect of each co-owner’s total undivided share in the land. This
increases the shares of the remaining owners and at the same time prevents the newly acquired share
from being dealt with separately. The effect of the will, will not be carried out without Minister’s
consent .They may however redistribute, and agree that the land will be transferred only to one person or
that the transfer of the entire property will be transferred to a company of which the heirs may be
Nurse eric Muthoni document
