Answer grounded in published legislation
Your question
My dad has a farm. Can two sons inherrit the one farm?
Yes, two sons may inherit the same farm, if they are both heirs under the applicable will or intestate-succession rules. The sources state that heirs may receive agricultural land from a deceased estate, except where the heir is a company or close corporation 2.
However, the supplied sources do not establish whether the farm must be divided physically, registered jointly in the sons’ names, or transferred to one son with compensation to the other. Immovable property follows the law and customs of the place where it is situated 1.
If there is no contrary will, antenuptial contract, or other recognised contract, the cited succession rules provide for equal sharing in the circumstances described, while a surviving spouse may first receive one half and the heirs the other half 3. The exact result therefore depends on whether there is a spouse, a valid will, other heirs, and the applicable land and succession rules 1, 3.
Verified sources
Where this answer comes from
Political Ordinance of 1 April 1580 articles 20-29
If there be neither brothers, sisters, their children nor grandchildren alive, the surviving parent of the intestate will succeed to the estate absolutely, and exclude all collaterals. Land, houses , and other immovable property must follow the law and customs of the Provinces, Districts of places wherein it is situated.” [Double-click here to access a version of the original charter in Dutch.] Dutch Law (3) - Plakkaatboek Deel 02
Agricultural (Commercial) Land Reform Act 6 of 1995-Regulations 2014-233
in accordance with the administration of a deceased estate to an heir or legatee of such estate, except where that heir or legatee is a company or close corporation.
Political Ordinance of 1 April 1580 articles 20-29
The property must then be divided into equal parts, one half going to the surviving spouse, and the other half the heirs take: whether the marriage was a first, second, or third one. The foregoing rules re garding succession and collation rule when no contrary provisions exist by virtue of a testament, antenuptial contract, deeds executed before the Orphan Chamber, or any other contracts. [Double-click here to access a version of the original ordinance in Dutch.] Dutch Law (1) - Ordonnantie_van_de_ INTERPRETATION OF 13 MAY 1594 This Interpretation essayed to elucidate the difficult and doubtful points that arose in regard to the terms of the Political Ordinance: “Half-brothers and half-siste...
Political Ordinance of 1 April 1580 articles 20-29
Republic of Namibia 4 Annotated Statutes Political Ordinance of 1 April 1580 ( Republic of the United Netherlands), Articles 20- 29 succeed per capita, not per stirpes. If, on the one si de, only one of the ascendants [as in art 26, the application hereof to parents is nullified by the Charter of 1661] be alive, neither he, nor any persons related to the intestate through the deceased spouse alone, will succeed to the intestate. (Those so related on the side of the surviving grandparent are naturally excluded by him or her, ipso facto.) The division of the intestate's estate per lineas , to the father and the mother's side equally, occurs only when the parents are both dead. And the above ru...
Registration of Deeds in Rehoboth Act 93 of 1976
(a) transfers of land and cessions of real rights therein shall follow the sequence of the successive juristic acts in pursuance of which they are made, and if made in terms of a will or intestate succession, they shall follow the sequence in which the right to the ownership of or other real right in the land accrued to the persons successively becoming vested with such right; (b) such sequence shall not be departed from in the recording in the registry of any change in the ownership of such land or real right: Provided that - (i) if the land or right has passsed in accordance with a will or intestate succession from a deceased person to his descendants and any of the descendants has died in...
Political Ordinance of 1 April 1580 articles 20-29
Republic of Namibia 3 Annotated Statutes Political Ordinance of 1 April 1580 ( Republic of the United Netherlands), Articles 20- 29 The estate of the deceased shall go to his next of kin on the father’s and mother’s side, and be divided into two equal parts, without any distinction being made whether the deceased inherited more from his father than from his mother, or vice versa [per De Villiers CJ in Raubenheimer v Executors of Van Breda]. Now, the context clearly shows that this section was intended to apply to the case in which the deceased died without either descendants or parents surviving him. In such a case the general rule is laid down that the succession shall be per lineas, one -h...