Widow evicts in-laws after husband’s death

An elderly couple was ordered to vacate their Phoenix home following a family dispute that has laid bare tensions between property rights and compassion for vulnerable individuals. The KwaZulua-Natal High Court granted an eviction order against Thamanathran Govindan, 79, and Romila Govindan, 72, requiring them to leave the ground floor property they have occupied since 2021. The couple’s occupation of the premises was at the invitation of their late son and his widow, Sarojanie Govindan, who now sought their removal.

The respondents moved to the property in April 2021 at their son’s insistence, despite being content with their previous living arrangements at a niece’s residence. Tragically, just four months after relocating, their architect son passed away in August 2021, leaving his parents in a precarious position.

The widow, who inherited the property and serves as executrix of her husband’s estate, claimed financial hardship since losing her husband’s income. She argued that she need to sell the property to ease her financial strain. As such, she twice gave her parents-in-law notice to vacate the property, but to no avail.

However, the court was sharply critical of the applicant’s conduct and her motivations. It noted that the widow had failed to disclose that she owns two other units in the same building and derives rental income from them.

In particularly strong language, Judge Mossop described the widow’s change of heart as bringing “no credit to her” and characterised her as capable of being construed as being mean spirited. The court highlighted that that the elderly parents had suffered a loss “as big as, if not greater” than the widow’s own bereavement.

The court further emphasised that elderly members of society should not be shifted around by those related to them as if they were insignificant pawns in a game of chess. In a heartfelt judgement, Judge Mossop noted that the elderly are living, breathing persons with feelings and expectations who must be treated compassionately.

Despite the judge’s sympathy for the respondents, the court concluded that the law required the granting of the eviction order, as the couple had established no legal entitlement to remain in occupation. The couple, who have a combined monthly income of approximately R5,200 and have diligently paid all utility costs throughout their occupation, opposed the application but presented no substantial legal defence.

The court then gave the elderly couple a generous timeframe to find alternative accommodation. Additionally, the court ordered that the widow must pay the full costs of relocating the couple to their new accommodation within the greater Durban area, not limited to the R10,000 she had initially offered. According to a municipal report, the couple’s daughter has indicated willingness to house them. The eThekwini Municipality also offered to provide a site and building materials for an informal dwelling, though the couple would need to construct it themselves.

The court directed each party to pay their own legal costs, and, in another act of kindness, the widow’s counsel conceded that he would not seek costs against the elderly respondents.

You can read the full Govindan N.O v Govindan judgement here.