03.03.08 - Mayyit of:Osman Hajee Umar Abu - VENUE: Gilfen Road Overport Durban - TIME: 10:30 - QABRASTAAN: Brook street - CAUSE OF DEATH: Natural

Abu Hurairah (May Allah be pleased with him) reported: A person came to Messenger of Allah (PBUH) and asked, "Who among people is most deserving of my fine treatment?'' He (PBUH) said, "Your mother". He again asked, "Who next?" "Your mother", the Prophet (PBUH) replied again. He asked, "Who next?'' He (the Prophet (PBUH)) said again, "Your mother.'' He again asked, "Then who?'' Thereupon he (PBUH) said,'' Then your father.''

In another narration: "O Messenger of Allah! Who is most deserving of my fine treatment?'' He (PBUH) said, "Your mother, then your mother, then your mother, then your father, then your nearest, then nearest". [Al-Bukhari and Muslim].

Commentary: This Hadith tells us that the rights of the mother are three times more important than that of the father for the reasons that:

1. She is weaker than the father.
2. The following three troubles are borne exclusively by the mother while the father does not share them with her:
a) She carries the baby in her womb for nine months,
b) The labour pain which she suffers.
c) Two years' period of suckling which disturbs her sleep at night and affects her health. She has also to be very cautious in her food for the welfare of the baby.

A: In a time share scheme you do not get a Title Deed, you are allocated Shares which entitle you to occupy the unit for a certain period of the year. The procedure in this instance would be to enter into a purchase and sale agreement in respect of the shares. Once that is complete, the agreement would be sent to the secretaries of the share company, who in turn would re-issue the share certificate with your name on it, thereby entitling you to occupy the unit.

Q: I own an apartment in a share block scheme, and wish to sell the unit. What fees would I be liable for and how much? The price of the unit is R 1 100 000.00.

A: When an owner of a unit/property sells, he is only liable for the Rates, Electricity and Water and Bond cancellation costs if the property is bonded. The rest of the costs in respect of transfer is borne by the purchaser.

Q: I have a property that is 5000 square meters, I want to sell a portion of the property. What do I have to do??

A: This is called a Sub-division of land, what will happen in this instance is that you will have to contact a Land Surveyor. He will survey the land, you will have to give him an indication as to how much of the land you intend to sell. With this information he will survey the proposed sub-division and mark it on a plan. Thereafter he will make an application to the municipality to have the sub-division approved. Once approved, the plans and surveyors diagram will be sent to a conveyancer to attend to the transfer of that portion that you wish to sell.

Q: I want to get married and would like to enter into an Ante Nuptial Contract. What are the formalities and who can prepare this??

A: There are no "formalities", all that is required are a couple who wish to enter into a marriage contract. This contract can only be done by a Notary Public, who thereafter has the contract registered in the Deeds Office against the parties names. For further information please see my future article regarding marriage contracts.

Q: My husband and I divorced, and in terms of the divorce settlement, I was given the house. How do I transfer the house into my name?

A: This process is not like a normal transfer, an application is made to the Deeds Office together with a copy of the Court, thereafter an endorsement is made on the title Deed reflecting the new owners name.

For any queries/questions please e-mail: legal@desaiattorneys.co.za
Next column: Marriage Contracts

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Venezuela prepares for war. Venezuelan President Hugo Chavez has ordered troops, tanks and fighter aircraft to his country's border with Colombia in a row over a cross-border attack. The Colombian army raided a jungle camp just inside Ecuador - an ally of Venezuela - where it shot dead a leader of the leftist rebel group FARC.

Russia's next president Dmitry Medvedev has pledged to uphold Vladimir Putin's legacy after easily winning an election critics said was rigged. In his first appearance after results were released, Medvedev stood side by side with his mentor Putin on stage at a victory concert in Red Square.

Mahmoud Ahmadinejad begins the second day of his historic trip to Iraq. He describes this as ushering in a new era of friendship with Baghdad. Ahmadinejad blamed Washington for bringing terrorism into the Middle East.

South Africa today will continue its load shedding plan. In Johannesburg a new load shedding plan that was launched last week by Eskom & City Power will ensure customers are only hit twice a week.

UN secretary-general Ban Ki-moon is condemning Israel for using excessive & brutal force in the Gaza Strip after Israeli troops killed at least 100 people over five days & more than 60 on Saturday alone.

MALES
Haarith - Ploughman, Old Arabic name
Bilal - The Prophet's Muezzin (person who calls to prayer)
Abdul-Qudoos - Servant of the Most Holy

FEMALES
Wafeeqa - Successful
Saaliha - Good; Useful
Raya - Sated with drink

OVERDUE BILL
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A lawyer sent an overdue bill to a client, with a note attached that read, "This Bill is one year old". By return mail the lawyer had his bill back. Attached to it was a note that read, "Happy Birthday!"