An 89-year-old Western Cape woman, Maria Anna De Ridder, has approached the Western Cape High Court to reclaim her R2 million home, which was allegedly sold by her stepdaughter, Rose-Marie Nelson, without her consent.
Acting Judge Adrian Montzinger has granted urgent interim relief, freezing any further dealings with the Ladismith property while the dispute is resolved in court. De Ridder, who has been living in a nursing home in George since 2023, discovered that her property had been transferred into Nelson’s name in January 2026.
Unlawful Transfer of Property
The transfer was allegedly facilitated by Nelson’s husband, Trevor, and attorneys involved in the transaction. According to court papers, De Ridder had owned the property since 2004. However, despite a deeds office search in October 2025 still reflecting her as the registered owner, a deed of sale was purportedly concluded around the same time in favour of her stepdaughter.
The agreement was signed by her step-son-in-law under a general power of attorney. Crucially, the court found that the power of attorney relied upon had already been revoked by De Ridder weeks before the alleged sale agreement was signed. The circumstances surrounding the transaction raised further red flags, including the fact that the property was sold for R877 000, significantly lower than its valued price of over R2 million.
Concerns and Red Flags
No payment was ever made to De Ridder, and instead, the arrangement appeared to rely on an informal understanding that the Nelsons would care for her. Adding to the court’s concern was evidence suggesting that the respondents had applied for a duplicate title deed under the pretext that the original was lost, despite De Ridder still being in possession of it.
This step enabled the transfer to proceed through the deeds office. In granting the interim interdict, the court emphasised that De Ridder had established a prima facie right to have the transfer set aside. It also found a real risk of irreparable harm if the property were to be sold or further encumbered before the matter is finally resolved.
For more information on the process of transferring property, visit the Department of Public Works and Infrastructure website. Tenants renting the garden flat have also been ordered to pay their rental into an attorney’s trust account instead of to the respondents, ensuring that the income is preserved pending the outcome of the case.
- The property was valued at over R2 million
- The property was sold for R877 000
- No payment was made to De Ridder
- The transfer was facilitated by Nelson’s husband and attorneys
