Property Position after revoking power of attorney
Hi Sir,
My father in law had given his property for development around 7 years ago which came through his grand father to his father and then divided between him, his mother and his sister in law who is a widow now. The property is in Kolkata, in the development agreement it mentioned receipt of 3 Flats, 1 Shop and some cash component by the builder and also certain % of profit earned by the builder after selling the remaining build up property (this is a common practice in West Bengal). The builder was also supposed to pay the rent to my family for an alternative accommodation till the property is developed.
Things were running smooth for the first one and half year but later the builder stopped giving rent, one flat was sold to 3 different parties, later the builder was arrested for some criminal offence and then the work of the development slowed done even further. This issue continued for the next One and half year and my father in law was trying to follow up with the builder, send him many registered letters and also consulted legal advice. Finally getting no response from builder and even facing problems to pay the rent of the house since he is retired and no one else to take care of him or his mother and wife he decided to take action after getting a legal advice to revoke the power of attorney and the same was executed in the local court. During this time the builder took money from many people some paid even 100% and gave them possession letter. We had also filed a case against the builder but every date he was absconding and did not turn up in court. the advocate we hired messed up the case with us, the court was asking for evidence that the property belongs to us but the advocate did not convey the same to us because of which after 1 year the court dismissed the case (it was like we were the only people in the race but still lost).
However in the current situation there are almost 7 families staying in the building, we somehow arranged money and finished the pending construction work of the flats which were allotted to us and are currently staying there, the property is still not complete, there is only one electricity meter from which all the flats are getting electricity, the electricity department is asking to get a transformer fitted for the property for which they will charge around 7 lks.
All the other people are now insisting my father in law to again re-issue the power of attorney to the builder so he could complete the remaining work, but at the same time every one is under the dought that if the builder will complete the work because he is bankrupt now.
If any of you experts could suggest us what to do at this stage and if we can reissue the power of attorney legally, also if we can sign an MOU with the builder that only after completion of the pending construction work of the building and paying off the dues towards the rent and money spend on finishing the construction of the allotted flats to us we will reissue the POA. Because my in laws are 60+ along with his mother who is 80+ and have no one to take care of them. we are staying 2000 kms away and not in a position to approach them physically on urgent bases.
Sir, your suggestion will seriously help us take correct action.
Your revert would be highly appreciated
regards,
SD