I need some legal help for below described issue.I want to know that what law says about this topic.Kindly help
When my marriage was solemnized,I had a flat,sale deed in my name.later I transferred the ownership of the said flat in my mother's name by a means of deed of gift.but my marriage was not lasted.I applied for divorce in session court & which is under trial.but my wife & her father have occupied the flat from last one & half year with the help of local police & superintendent of police.My mother applied everywhere like IC/SP/DSP/CM/Human Rights.but no result was found.then my mother applied before honourable high court kolkata,but judge disposed the application by saying that"my mother should apply before lower court for getting relief in civil litigation".
Here I want to know that will my mother able to recover the flat?waht law says about this here I want to mention that I am giving Rs 5000 as maintenance per month to my wife from last 1.5 yeras as per order of honourable high court.then why they have occupied my mother's flat?does law permit it?then what is the definition of giving maintenance?is there any law & order exists which can help my mother to recover the said flat?kindly help.We are helpless from last one & half year.