Legal Question in Civil Rights Law in India
Dear Sudarshan Goel Sir,
I just wanted to ask you that as per your advice we have got the Residential order on9th Feb'2011 (as we have filed the case under domestic voilance act in October'2010) though my father has already sold the property on 7th January'2011 . I just wanted to inform you that the same order is with us and court has directed allow my mother to stay in the house till the dispoal of this case as per our petition dated 2nd February'2011. and the Court has ordered under domestic voilance act not to force my mother to vacate the house till the disposal of this case on 9th Feb'2011. Although we are in possession of this house till date. and my father has also replied in the above domestic voilance act on 4th April'2011 denying having any relationship with my mother but we have all the evidences in our favour like maintenace order of Rs.500/- pm from 2002 under 125 crpc and we have all the id and address proof stating that we are related to my father mostly all the documentary evidences.
But my father has already sold this property on 7th January'2011 and i wanted to know on a safer side can we apply for the cancellation of this sale deed by applying section 52 of the TP Act showing the pending of the case which is pending till date in another court between my mother and my father in which my mother has asked for share and stay order for not to sale the property which is in my fathers name . I came to know later in January'2011 after sale that my mother is not eligible for claiming share.
My question is only can we apply Section 52 showing the pending of this suit so that the purchaser cant take the benefit any longer and also wanted to know wheather the order of 9th Feb'2011 which has given Residentail order (After the sale of the house on 7th January'2011) will be valid or not in the long run as my father is denying having any relations till date in the domestic voilance act case neither he has admitted that he has sold the property in domestic voilance act till date ,
in future he may declare that he has already sold this on 7th January'2011 then it might be problem for us as the purchaser has already got the ownership in a case which is pending in another case with us as the purchase has got the sale deed in his hand but in this case the court has directed us to maintain the situation as it is i.e.statisco.
We are worried about our House
1 Answer from Attorneys
Yes, you may seek cancellation of the sale deed.
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