A widow in Molepolole recently won a case against her late husband’s son who sought to wrestle the couple’s home from his stepmom.
The court ruled that since the late Toko Bakwena had married his second wife, Kebafentse Molaole in community of property, she was therefore entitled to inherit his property.
Toko’s disgruntled son from his first marriage argued that since his father had already acquired most of the property when he was married to his first wife, Modiri Bakwena who died in 1995, the property should have been left to his children and not his widow whom he had married in 2005.
Giving her evidence before Chief Kebonyethebe Kgari, Kebafentse however simply stated that she had no case to answer before the court because she was officially married to Toko in community of property and she had a marriage certificate to prove it.
“I have a child with Toko whose names are Masego Bakwena,” she said
The widow’s distressed stepson, Joseph Obadiah Bakwena, 30, testified before the court that his father’s estate comprised of cows, cattle, goats and the home in 40mx 40m plot issued to his mother and father in 1987, hence his claim to it.
He said, “After my father’s second marriage, I reminded him to give us our share of our inheritance from our mother and he said he had acquired a plot for his new wife. We kept on asking him to attend to this matter until he died in 2015.”
Delivering judgment, Chief Kgari said he relied on the evidence that showed that Toko and Modiri were married officially and in community of property and later on after the death of Modiri; Toko officially married Kebafentse, again in community of property, transferring the estate he acquired when he was married to his first wife into the new marriage.
“ Since both marriages were modern and in community of property, the complainant’s case is dismissed,” the chief ruled