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The Deed of Sale of Inherited Property is a specialized legal document used in South Africa when selling property that forms part of a deceased estate. This document is essential when heirs or beneficiaries wish to sell property they have inherited, whether through a will or intestate succession. It must comply with multiple pieces of legislation including the Administration of Estates Act, Alienation of Land Act, and Deeds Registries Act. The document incorporates standard sale agreement provisions while addressing specific requirements for inherited property, such as executor approval, Master of the High Court clearance, and estate duty considerations. It's particularly important that this deed type includes additional warranties and declarations regarding the seller's right to dispose of the inherited property and confirmation of proper estate administration procedures.

1. Parties: Identification of the seller (including capacity as heir/beneficiary) and purchaser, including full legal names, identity numbers, and addresses

2. Background: Details of the deceased estate, inheritance status, and confirmation of the seller's legal right to dispose of the property

3. Definitions: Definitions of key terms used in the agreement, including specific inheritance-related terminology

4. Property Description: Detailed description of the property including erf number, physical address, size, and current title deed number

5. Purchase Price: The agreed purchase price, payment terms, and deposit requirements

6. Payment Terms: Detailed breakdown of payment structure, timing, and method of payment

7. Transfer and Registration: Process and requirements for property transfer, including appointment of conveyancer and timeline

8. Estate Clearance: Confirmation of estate administrator approval and clearance certificate requirements

9. Possession and Occupation: Date of occupation, occupational rent if applicable, and condition of property

10. Warranties: Seller's warranties regarding property ownership, inheritance status, and authority to sell

11. Risk and Benefit: Transfer of risk and benefit of the property

12. Costs and Taxes: Allocation of transfer costs, taxes, and duties

13. Breach: Consequences and remedies in case of breach by either party

14. Notices: Communication requirements and contact details for formal notices

15. General Terms: Standard contractual provisions including entire agreement, variation, and governing law