News / Local
Inheritance row spills into court
07 Mar 2015 at 14:42hrs | Views
Two brothers have dragged each other to court over the sharing of rentals from their late parents' house. Nehemiah Sithole of Gwanda told the court that his brother, Aven of Tshabalala suburb, was appointed executor of their father's estate yet he was the elder son.
"Your worship, Aven put tenants in our late father's house and he has been taking the rentals since 2012 and refuses to give me my share. I have tried to talk to him but he doesn't want to listen, may the court assist me," said Nehemiah.
Aven said Nehemiah insulted their mother and she declared he must never benefit from the house.
He said their mother was so angry that she wrote a letter before she died, disowning Nehemiah as her son.
"Your worship, my mother instructed me to take the rentals, pay the bills and use the remainder for myself. Nehemiah was staying at our father's house before my mother's death and he failed to pay the bills until there were arrears," said Aven.
"Nehemiah refused to pay the arrears until my mother approached the small claims court seeking reimbursement".
Bulawayo Magistrate Singandu Jele ordered the brothers to share proceeds from the estate equally.
He said if they could not agree, the house should be sold.
Meanwhile, a Bulawayo woman told the court that her sister forged her signature and fraudulently registered their mother's estate.
Nobesuthu Ngwenya of Mzilikazi suburb told magistrate Jele that her sister, Thobekile Ngwenya of the same suburb registered their mother's estate and signed on her behalf without her consent.
"Your worship, I discovered that she forged my signature and even hired people who are not our relatives to act as witnesses," said Nobesuthu.
Thobekile admitted to forging her sister's signature when she was registering the estate.
"I called my sister but she failed to come and register the estate plus all my relatives refused to sign as witnesses. I asked my neighbours to act as witnesses and they agreed," said Thobekile.
Magistrate Jele said that Thobekile committed a criminal offence by forging her sister's signature.
"She initially registered the estate by forgery, as such all documents obtained are invalidated. I order that both parties work together and re-register the estate of the deceased," said Jele.
"Your worship, Aven put tenants in our late father's house and he has been taking the rentals since 2012 and refuses to give me my share. I have tried to talk to him but he doesn't want to listen, may the court assist me," said Nehemiah.
Aven said Nehemiah insulted their mother and she declared he must never benefit from the house.
He said their mother was so angry that she wrote a letter before she died, disowning Nehemiah as her son.
"Your worship, my mother instructed me to take the rentals, pay the bills and use the remainder for myself. Nehemiah was staying at our father's house before my mother's death and he failed to pay the bills until there were arrears," said Aven.
"Nehemiah refused to pay the arrears until my mother approached the small claims court seeking reimbursement".
Bulawayo Magistrate Singandu Jele ordered the brothers to share proceeds from the estate equally.
Meanwhile, a Bulawayo woman told the court that her sister forged her signature and fraudulently registered their mother's estate.
Nobesuthu Ngwenya of Mzilikazi suburb told magistrate Jele that her sister, Thobekile Ngwenya of the same suburb registered their mother's estate and signed on her behalf without her consent.
"Your worship, I discovered that she forged my signature and even hired people who are not our relatives to act as witnesses," said Nobesuthu.
Thobekile admitted to forging her sister's signature when she was registering the estate.
"I called my sister but she failed to come and register the estate plus all my relatives refused to sign as witnesses. I asked my neighbours to act as witnesses and they agreed," said Thobekile.
Magistrate Jele said that Thobekile committed a criminal offence by forging her sister's signature.
"She initially registered the estate by forgery, as such all documents obtained are invalidated. I order that both parties work together and re-register the estate of the deceased," said Jele.
Source - chronicle
