1.Since a decree is passed the only way to resolve the dispute is through further appeal on which you have rightly done.

2.Since stay order is passed there is no immediate concern.

3.Now apply for appointment of a Receiver who will collect the rent and deposit in court during the pendency of appeal.

4.if there was any laches in the pleading filed beofre the trial court you can seek amendment or seek to furnish additional evidence during appealstage.So talk to your present lawyer on this account.

5.Try to retain physical possession of the proeprty.

You have an excellent case and that is the reason why the Senior Divisional Court granted you a stay on the judgement passed by the lower court.

It is a very crystal clear case, wherein not only you have a clear title, but you also have been maintaining your constructive possession over this property. All the relevant facts and evidences which your lawyer in the lower court failed to submit in the court, must be submitted by your present present lawyer before the senior division court.

Having said that, I'll advise you to sell of this property at this juncture only if there is no restrain imposed by the Court from creating third party rights. That is because this case might even take a decade before it is concluded.

it is necessary to peruse order passed by trial court to advice

2) order is passed by court depending upon evidence led by parties

3) if landed property had been gifted to son by father and mother through gift deed then mother could not have subsequently executed gift deed in favour of daughter

4) mother should have filed suit to set aside earlier gift deed made in favour of son . only if it was set aside could gift deed have been executed in favour of daughter

It is evident from the fact of your case that your mother had absolute right on the property if you prove your case that will was executed by your mother to her free consent and will is genuine then you have right to get that property. It is immaterial that you have not been stayed in first floor of the building because being in physical possession is not necessary to prove ownership.

 if your advocate did not produced evidence to prove your case then you can approach the District Judge for taking appropriate action against that advocate.You should mention in the appeal memo that some relevant evidence had not been produced by advocate in the trial court. Therefore the appellate court may admit those documents under order 11 of the code of civil procedure. The appellate court will admit all those documents and reverse the order of trial court.

You should try to appear before the court on each hearing and continuously pursue your case because if appellant or plaintiff does not appear in the court on each hearing then advocate will get opportunity to manage and frustrate the case by their connivance.

for appropriate and concrete advise I would request you to share the copy of the order passed by the trial court.

Further, prima facie yours seems to be a good case, it was not upon the mother to further execute a gift deed in favor of the daughter since the property in question has been gifted to son. The fresh gift deed could only have been made after getting the previous gift deed cancelled.

Let me know if I can be of further help.

Regards

The gift deed executed by the mother in favor of the daughter is valid, provided it was a a registered document.

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It is not understood that on what basis did the son get a decree in his favor.

Whether you have included all the details that were not considered by the trial court, in the appeal

You can be in touch with your advocate on the appeal matter.