Legal Question in Civil Rights Law in India

Dear Sudarshan Goel Sir,

I have got ur Answer but just wanted to consult with you about it as in UP most of our lawyers are not confident and aware of most of the law rules and regulation as my current lawyer filed my case but it is not up to the mark that is why i think my father could sell the property and i think that is i wanted to ask you all ,please suggest.

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 are 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 just wanted to Confirm wheather Section 52 of the Transfer of property act applies to above case of my mother as this is our Acestoral property (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.

Please Confirm that the Section 52 of Transfer of Property will apply to the Above case of my mother against my father which father has filed reply also prior to selling the property. This case is still pending in the court.

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