Legal Question in Civil Rights Law in India

Dear Sir

My Mother has filed one case against my father to protect our ancestoral property in 2007 in a lower court in up and asking for the share and stay order for the sale or dispose of the property .We have have all the evidences that we aer the real family members of his (my fathers) family but he is denying this fact in this case . This case is pending inthe court till date and all the ancestoral property including our house details has been fully given with map in this case .

We were of the opinion that My father could not sell the property till the disposal of this case and although he sells this property Section 52 of the Transfer of Property will apply and the Sale Agreeement will become null and void.

My father has sold our house in which we are currently in possession in January'2011.But after its sale we realised and Came to know from other lawyers that my mother has no rites to claim on the ancestors property which are standing in my father's name and she has only right to claim maintenance on charge on these lands/house/plots. But we are still in possession of this house till date.

My Father is +62 and mother is 54. I am 32 years old .Can i become a party in the above case now in September'2011 under provision of Section 10 with my mother in the above case so that i can save my plot of land and house in order to take the benefils of Section 52 of the Transfer of property act as this is our Acestoral property and i am also one of the owner in it (which has been convered into residential plot in 2003 from agricultural plot) as this case of mother is still pending in a lower court in Up and still we are continously attending it.

I have applied for it under section u/o 1 rule 10 of CPC for becoming a party in the above case with my mother .it is almost more than 6 months have been passed only dates are given by the court and i think the court is waiting for the reply of my father on this u/o 1 rule 10 of CPC .But his reply is yet to be received ,there have been 4 dates have been passed during the last 6 months and this is the only intension of my father as he is delaying this process and he know if i get entered in this case , Section 52 of the TP ACT can be applied and the sale deed can be cancelled.

Is there any way i can convince the court to make it earlier as the property has already been sold in January'2011 and I need to get the sale deed cancelled as per provision of Section 52 of TP ACT but till date we are in possession of this house and we are really in need of it.

I want to save my house anyhow,please suggest.

Regards

Vivek

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