Legal Question in Real Estate Law in India

Respected Sir or Madam,

I live with my mother. She is 63 years old. We live in a house at Lucknow and the house is registered in the name of my father. My father had left the home in 2005 and he had lived in another place. In this period, we heard my father want to sell house. After this act my mother went to the court for her rights

1. In march 2006 my mother went to the court and the Hon'ble Court of Civil Judge (Senior Division) Lucknow heard the parties and passed the orders on the application C-6 (Six) and granted the interim relief in favor of the Plaintiff (my mother) restraining my father from transferring and alienating the suit property bearing house no. 123 in Lucknow to anyone during pendency of the Regular Suit

2. On that in 2008 my father filed an appeal against the order dated march 2006 before the Hon'ble Court of District Judge Lucknow which has been registered as M.C.A. along with an application under section 5 Limitation and after condoning the delay under see-S limitation in Misc. Case on 2008 the said appeal was registered and is pending in the Court of Addl. District Judge

3. This Misc. case 2008 is in vacate court where every time, we get only date.

4. My father disobedience, violation and the breach the injunction order dated march 2006 passed against him which has not been varied or set a side by any of the competent Court of Law, and has been enforce and operative but my father has transferred (Sold) the house to other people in July 2012

5. There are two brothers who purchased the house one is lawyer and other one is land-mafia. Prime job of both brothers is to purchases disputed land and sell again. Most of the time they come to my home and threatened us (me and my mother)

6. In Oct 2012 my mother again went to the court and file another suit for permanent injunction before Hon'ble Court and after heard plea of my mother, court passed the orders granted the interim relief in favor of the Plaintiff (my mother) by restraining the all defended (two brother who purchased my house and my father) from interfering in the Plaintiffs possession of the house

7. In conclusion of my case there are there 3 suit

(Suit-1)

My mother had filed suit in 2006 in which Court order to restraining my father from transferring and alienating the suit property bearing house no. 123 in Lucknow to anyone during pendency of the Regular Suit

(Suit-2)

My father had also filed an appeal against the order 2006 in 2008 before in Court which has been registered as M.C.A. The said appeal was registered and is pending in the Court of Addl. District Judge

Now Suit-1 and Suit-2 attached together and Suit-2 comes over Suit-1 (Both Suits are attached together)

(Suit-3)

In July 2012 my father sold the house and my mother went to the court in Oct 2012 and files another suit (another suit as new, separate from other two) for permanent injunction. Hon'ble Court passed the orders granted the interim relief in favor of the Plaintiff (my mother) by restraining the all defended (two brothers who purchased my house and my father) from interfering in the Plaintiffs possession of the house

8. In Feb 2013 my father died.

And we still live in that house. How can we get back the house? Please help me

1. As I know that my mother is legal wedded wife of my father. Can you please tell me any law in Hindu marriage act made for wife or any other law, which can support my mother in this case?

2. After death of my father can my mother appeal for Cancellation of Sell Deed.(My father purchased the house and house is registered in the name of my father)

3. Please tell me what option we have.

2 Answer from Attorneys

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