webformGood dayI received a notice to v...

Asked by Lucille on 09-02-2022 19:57:22
Question posted in the Property Law category relating to Eastern Cape


Good day

I received a notice to vacate. It was left at my door. The next day the attorney called and asked if I got the notice that she gave me I said I got the notice you didn't give it to me. She was very rude and said you better see that you out of the house by the end of the month. Then a sheriff served me with confirmatory affidavit founding affidavit and told me to be at court on on the 18th of Jan. I wen that there and my name was not on the court roll. Be we went in the court I want to the clerks office and asked why my name is not there the but he sent the cleaner to tell me he'll be right back. He came back and told me to go to the courtroom because the lawyer is there now. While sitting outside the courtroom she called my name and I said I am here. Once it was our turn she went to the judge alone and I got up and went to the front she was whispering I heard her say ex parte so I stood up and said judge I am here may I approach. She turned around and said oh you're Lucille. But she had just seen me outside. I told the judge I would like an extension as I'm still seeking legal representation. The judge told me that I should only do that after my first court appearance I didn't have to be the but I have a recording of the sherif telling me to be in court. All of the facts my aunt states is untrue. In the first place I have an lease agreement with my brother who has a will where my father leave the property to him. I came from Johannesburg with my children and on our way here my aunt calls and says she wants the keys I said why I am then on my to pe. She was very rude. I told her I'm going to stay there and while I'm there try and fix the place up. She dropped the phone in my ear. When I arrived they had put 3 locks and a chain on the gate I broke them off because I have the key to the door. At this point my children started stressing. The next time she sent two ladies they said they were from the attorney I immediately called my brother and after they spoke to him they left they said they were here to inspect the place but they did not they only went as far as the door. The next time my aunt and son and other ppl came they walked through the house and asked why haven't I fixed the place. So. I said because I did not know there was a dispute going on so I'm not touching anything before everything is sorted. Then she asked if she could come and stay here I said yes it's fine she can. By. This time my kids were so stressed they decided to go to my sister. She claims that I am not paying but I have been paying according to my agreement with my brother. Her grandson stays in the back and he has never paid even when my father was alive. I want to know what steps to follow because my mom has lost motion in her legs and is coming to live with me so that I can take care of her. And my children need to come back also. My brother and sister. Doesn't have place for extra people. 

I have lived here before with my mom and dad and up to the point of the receiving of notice of motion I was under the impression that it's my brother's house because the will says so and I have received the will and documents from his lawyer. I have bipolar 2 and chronic insomnia I'm constantly stressed out

Please advise on my way forward because I'm going to court on the 10th of feb

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