Legal Question in Civil Rights Law in India

Dear Sudershan Goel Sir,

Thanks a lot for your support and help, sir, Just needed some more help you are really a God for us.

Sir. I just wanted to inform you that the suit which is pending between my mother and my father since 2007 in a lower court in UP ( On the basis of which I wanted to file the suit for cancellation of the sale deed (Property /House Sold by my father on 7th January�2011 because as per my knowledge all the basic three ingridients which are required for the application of Section 52 of TP Act which are mentioned below are mostly covered in this case of my mother,Please guide me about it) in which my mother has asked for the following relief:-

1.To restrict my father to sell the The Property (ancestoral property which got transferred from agricultural plot to residential plot in 2003) which was in my fathers name till January�2011 (Which later he sold on 7th January�2011 includes the house in which we are currently in possession th the residential order in my mothers name in our domestic voilance act case filed in October�2010 ) so that we can use our property and live our livelihood.

2.The Whole Case (which is pending since 2007) expenses to be borne by my father.

Apart from this, as Already discussed we have the R.O. under Domestic Voilance Act Case which was filed in October�2011 and 125 CRPC Order for maintenance of Rs.500 p.m. granted from 2002.

Sir,Sorry to mentioned these below points but , I have read the Following on Internet for Application of Section 52 of Transfer of Property Act:-

Note No.1.Transfer of property pending suit relating hereto- During d pendency in any court having authority within d limits of India of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein except under the authority of the court and no such terms as it may impose.

Note2:To apply Sec. 52 essential ingredients are (1) the pendency of any suit or proceeding (2) the court must have jurisdiction over the person or property (3) the property must be specifically described and be necessarily affected by the termination of the suit or proceeding.

I just wanted to ask you should I get added myself (I am Male 32 ) as per Order 1 of Rule 10 to the above case of my mother now which may take more than 6 months and it may not be granted in my favour or

Should My mother go for cancellation of the Sale Deed by applying Section 52 of TP act showing the above case ,Which will be better option for me

Please Suggest,Thanks a ton for your support and help once again.

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