Family Property Case
I would like to ask for legal advise in a Property related matter.My father YV has purchase a property in 1995 in Ghaziabad. The seller (JC) wrote Agreement to Sell in favor of my father (YV) register at Ghaziabad Tehsil. Side by side the seller wrote an General Power of Attorney in favor of my mother (SV) on the same date and was also registered at Ghaziabad Tehsil. Seller also transfer the title in favor of my mother (SV) at Ghaziabad Development Authority (GDA). My father was demised in Oct, 2007 without any will. Now, due to my family problem (my mother i not willing give my share of property to me), I registered a Court case for partition of property at Ghaziabad Distt Court (1/2 share for me in property). In which my lawyer made JC as first opponent party and my mother (SV) as second opponent party.
2. In a case, my lawyer demand JC to sign a registry (sale deed) for 1/2 portion in my father's property in my favor.
3. Now, my mother(SV) on the basis of GP has sold out 1/2 portion to one of my maternal cousin RB and his wife GB on 22.10.2014 (after register of court case and they also claimed that they haven't received any the court notice till that date).
4. In their reply, they (SV) said that the said premises was bought from the funds after selling the ornaments and other personel assets of my mother and non of the YV fund was utilized in buying the said premise because the financial condition of my father YV was not good. My mother also claim that she took loan for marriage of my two sisters in 2000 and 2002 (my father was alive that time and he bear all the expenses) and for get relieved from these loans, she sold the 1/2 part to RB and GB.
5. Here I would like to mention that my father sold out one property in Delhi and bought the said property from that fund.
6. I would also like to mentioned here that I have two elder sisters out of which the elder one is married and the other one is divorced and staying with my mother. I am also married and having one son (04 yrs).
7. Now, I am in big trouble. Kindly show me a way to defend this situation and what steps I would take to preserve my share.