WATCH:Family estate wrangle pits brother against siblings

Mashudu Mambo

A Bulawayo man is fighting with his siblings who got a court order to have their late father’s estate sold, claiming it was a calculated move by them to render him homeless.

Garfield Shirto has been embroiled in a protracted legal dispute with his six siblings, Geraldine, Bridget, Heather, Ella, Tracy and Barbara, for the past nine years. The dispute intensified when High Court Judge Justice, Bongani Ndhlovu ruled that their late father’s estate be evaluated within 90 days. This allows any or all siblings the option to purchase the shares of others, should they mutually agree.

WATCH here: https://youtu.be/KYLCvJXPbZY

“Certain piece of land situated in the district of Bulawayo measuring 2,1659 hectares, called stand 1 Gumtree Township 2 of Subdivision A, called Gumtree of Claremont held under deed transfer number 695/2020, shall be evaluated within 90 days of this order by a valuator appointed by the registrar of the high court from his approved list. Within 90 days after the evaluation report, anyone or more of the parties may buy out any one or more of the parties, if they so agree,” he ruled.

Justice Ndhlovu stated that the Sheriff of the High Court has been authorised to sign the necessary documents in relation to the sale of the property.

“In an event of a buy out not happening, the said property shall be sold by private treaty within 30 days of thereafter to a buyer and for an amount agreed upon by the parties and the proceeds shared equally among the parties after deduction of the evaluation and sale related costs. The sheriff of the high court shall be and is hereby authorized and directed to sign all the necessary documents to effect the transfer of the property upon sale, or buyout done in terms of this order within 30 days of a party’s failure or refusal to do so,” he said.

Garfield, however, is embittered, claiming he was never included in the court proceedings. He argues that the agreement to sell the land was made solely by his sisters.

“This involves my father’s estate. He passed away in 2015, and my sisters have been trying to sell the property ever since. They apparently reached an agreement with the court to sell the estate, but I never consented to the sale. According to my father’s will, only the surviving children can sell the land. I don’t understand how the court authorised the sale without my involvement. I’m deeply unhappy with this judgment. It feels like I’ve been robbed of my inheritance,” he said.

Garfield is contesting the sale, arguing it violates his father’s will. The will, according to him, prohibits the involvement of administrators and executors in selling the property.

“The will clearly states that the property cannot be sold by administrators or executors. Yet, they’ve gone ahead and done it anyway. This is a blatant violation of my father’s wishes. The property is seven acres in size, and I have my own designated portion. However, they’ve even sold my section without my consent,” he said.