1) litigation would be counter productive

2)it is your parents self acquired property

3) they are free to dispose it

4) the amount advanced by your in laws and you are being returned

5) court will not grant any stay against sale of the property

The property belongs to whom, father or mother, if it belongs to father and subsequently if you have invested your savings into the construction of the 1st floor with some financial help from your in laws, then you and your wife and children would be right to stop your parents from selling away the house only to fund the purchase of a flat for themselves and financially help out your sister.

You can indeed approach the civil court and obtain an injunction against your parents from selling away the house, you will need to produce evidence that you indeed funded the construction of the first floor and that you and your family do not have any other property or dwelling house other than this house.

Also be prepared to pay money to your sister to support her if need be

Hello,

1) It is possible to get a stay on the sale or alienation of any form with db injunction from the court as you would be left homeless of it gets sold.

2) If the house is standing on an ancestral property or if the house itself came down as an ancestral property to your parents you can claim your share of the right in the ancestral property and the house cannot be sold without your consent.

3) Once you file for an injunction your parents will certainly open up for a negotiation. You cannot be dispossessed from your house easily. Resist any attempt of sale without your consent until you get a staystay from the court.

A. Your query is silent about the nature of the property origin i.e, Ancestral or self acquired.

B. In case property is ancestral, you can challenge the alienation which is committing from your parents. However, you don't have the right to question the same if the property is self acquired of your parents.

C. You can exercise right to preemption which means that anyone would like to selling his property,first preference should be given to the other heir to purchase the property is called the right of pre-emption.If after giving him notice if he does not agree to purchase the property you can sell to other.If the seller does not abide by the rule,other heir can file suit to establish his right of preemption and sue for cancellation of deed.

1. In whose name the said property stands?

2. If it stands in the name of your father or mother or parents, then he/she or they is/are the absolute owner of he said property and can do whatever he/she or they wish to with it,

3. You or your children have no claim on the said property during the life time of of it's owner,

4. Get your differences with your parents settled amicably.

You have to clarify certain things like, on whose name is the property standing now? Whether it was self acquired property or inherited, if inherited whether it was ancestral in nature.

Assuming the property to be self acquired, the owner of the property has full rights to dispose it in the manner he or she desires to.

On what condition were you allowed to construct the first floor?

Do you have the evidences for funding the construction of first floor?

Is the money or finance lent by your in laws having any concrete evidence to prove the same?

If yes is the answer for above two questions, you have almost half won but the situation is tricky, your lawyer should make the pleadings tactfully to claim the property based on your finances towards the construction of the first floor in order to get an order of injunction restraining your father from alienating the property without your consent.

1. The house in which you are residing has been, I presume, registered in favour of your father or mother.

2. The owner is at liberty to sell the house. You cannot stop him from disposing the property.

3. The first floor may have been built from your money, but the question germane to decide your legal rights is whether it has been registered separately in your favour. If the answer is yes then you can seek a stay order against the sale of the first floor. However, if it is not registered in your favour then there is no legal right which you can assert against your parents.