I would like to know whether I should ta...

Asked by Lucille on 02-02-2022 12:39:25
Question posted in the Property Law category relating to Eastern Cape

I would like to know whether I should take any documents with me to court on my first appearance. My aunt has served me with eviction papers but my fathers will States that the house belongs to my brother after his passing. I am paying the utilities and rates and taxes and have been doing so for a year. I am from Gauteng and the house I'm living in is in port elizabeth. I have copies of the will and my brother also has attorneys who is handling the dispute. 

Message from the Lawyer

Posted by Att. Patrick on 08-02-2022 20:58:20

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment, even if it is R150 or R200.

You need to file an affidavit setting out your defence! If your defence is that your brother is the true owner of the property, that's a really good defence!  But is your brother on your aunt's side?

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make deposits for their questions - they get serviced first!

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.