My father P and his brother R, B, S made a deed of development and general power of attorney with builder to build a flat scheme on my grand mother 8400 sq,feet plot in December 2016. My father expired in 12/2018 and his brother brother B expired on 05/2017. Now we are 8 people are next legal heirs. Uncle R and S and P’s next legal heirs are Manju, Madhuri and Milind B’s next legal heir are Mohan, Mamta, and Manoj We are Manju, Madhuri and Manoj are one side. Other have already managed and taken all money of my father P and uncle B. The property cost land cost is nearly 10 crore. The building construction is going on in full swing. We have already issued a legal notice to the others. But result is NONE. What is the procedure to get STAY order on construction from high court. How much is the court fee.
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Development agreement executed by your deceased father would be binding upon you
2) further your father has executed POA in favour of builder for consideration
3) no stay would be granted unless there is breach of contract by builder
4) court fees depend upon reliefs claimed in suit
Sir of the agreement was entered by the father and he has received consideration on lieu of same the legal heirs are bound by he agreement.
In case as per agreement and evidence available no consideration is received by father as per agreement then a suit can be filed and interim injunction can be prayed pending suit.
Court fee shall be as per your share and local advocate shall guide you of same.
1. if the devolopment agreement contains clause "legal heirs are bound" then you being legal heir is also bound to the agreement,
2. if the builder breach any condition of the agreement, you can approach the concerned Court, else NO
3. if there is any dispute to the amount taken from the builder and not paid to you, you can claim the same but stay WON'T GRANTED ON ABOVE FACTS
you are advised to consult one prominent lawyer along with relevant documents to get the proper resolution,
1. It is to be seen whether your father got his due share of money or not. if yes then for fraud done by your uncle or cousins would not enable you to stop the constructions since the developer is not at fault.
2. Now there must be allocation of flats on name of your father as well.
3. This allocation of flats in favour of your father is now going to be handed over o you and your siblings and here only the remedy lies.
4. Since the original signatories of the development agreement had died , it has to be signed signed by their respective legal heirs. Moreover the POA made by them has ceased to exist with their death and fesh POA is to be signed by you.
5. So file a civil suit for declaration for your share and injunction. Only when the construction works stops you would get your dues.
Builder has already paid full amount rs.60 lakhs to my father and uncle. Money and papers are with my brother and cousin. As per deed of development, after construction, 1 flat of 2000 square feet each will be given to my father and to my 3 uncle (total 4 flats). I demanding my share rs.20 lakh and 1/3 share in 2000 sq,feet flat with promissory deed....... to my brothers and cousin. They are insisting me to sign POA without paying me anything, but I have not sign anything till now.
See you can recover the amount from.your brother and cousin if builder has proof of payment and there is agreement the court on this ground won't grant you stay on construction.
The builder can seek specific performance as legal heir of father you are bound to the contract.
Mutually you can pressurise them but taking this to court will be long drawn procedure and may not be decided in your favour.
You can approach the city civil court itself for relief.
If you feel that you have been deceived by those people, you may file a suit for partition before the jurisdictional court and in that same suit you may file a petition seeking temporary injunction against the builder restraining him from constructing or developing the property anymore till the disposal of th main suit.
The petition may be filed under order 39 rule 1 and 2 cpc.
You may consult an advocate in the local and discuss the subject matter at length.
If the money is the problem, then you may collect the details from the builder about the disbursement and issue a legal demand notice to them to give back your share in the property consideration amount paid by the builder.
If they do not comply with the demand made, you may file a money recovery suit with an application seeking an injunction to restrain the builder from proceeding with the development of the construction of flats.
1. you can claim your share in property and amount from your brothers but not from the builder
You can approach the court for stay but there should be any breach committed by builder as per DA. Without that court will not grant you stay.
On demise of your father you would be entitled to share in 2000 sq feet as per development agreement signed by your father
you can execute POA only if you are given in writing of equal share in property
Lodge a complaint of cheating with the local police.
Then file a civil suit for declaration and injunction.
Your cousins seem to be in mood of defrauding your share of money and property. So take legal recourse.
File partition suit. You are entitle to father share.
Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do
Dear client
You should approach the civil court to issue temporary injunction to builder to stop the construction unless the dispute between the parties are settled.
For that you have to put a case for share on all the other legal heirs and your uncle to get your share in the property.
