Builder/ promoter is inordinately delaying completion of project

Our family property in Kolkata, which is recorded (by Mutation) in the name of my great-grandmother (deceased, 1993: leaving a 'Will', which shares the property between all her children equally, and has been 'Probated' in 1994), was 'promoted' by her four children, who also resided in the original property - in 2011. The Promoter was supposed to complete the work in 18-months and move all the four families back into our respective flats in the new property. However, we have STILL not been able to move back – after 5 years! Even though the Promoter continues to pay for the Temporary Accommodations he provided us, he has (1) deviated DRASTICALLY from the original Agreement, and (2) he has NOT been proactive in moving us back, although the property-development has been almost complete (99%) for the past 2 years! ----------------------------------------------------------------- Lawyer’s Advice:- We have consulted an Advocate, who specialises in Property Law, and he is telling us that we should FIRST acquire ‘Physical Possession’ of our flats – and then go to him for legal help in suing the Promoter – for the delay, cash-compensation issues, and other parts of the Agreement that are still unfulfilled. His logic: If we try to take legal action before moving in, then the Promoter could (and probably would) stop paying for our Temporary Accommodation – thereby putting us in a worse situation. When we ask the lawyer HOW we should go about procuring ‘Physical Possession’ – and what the legal ramifications are (for such a move into the flats, without the necessary legalities being complete), he is giving us incongruous answers. He is saying, we should BREAK-INTO the flats, if need be! And he is saying that we should stop worrying about ‘legal Issues’, since most flat-owners in Kolkata (more than 80% according to him) move into new flats much before legal procedures have been fulfilled. ----------------------------------------------------------------- Our query:- 1) Should we follow the Advocate’s advice and move into the flats forcefully – even before the electric, water and sewer connections have been formally fitted (they are running on ‘temporary connections’ now)? 2) If we so move-in, doesn’t that PREJUDICE our OTHER claims within the Agreement? 3) What legal clauses/ stipulations would we be flouting, if we were to move in like that (without the CC & OC process'? ----------------------------------------------------------------- The Status of the 'ISSUE'- It has been MORE than 5 years now (65-months)... The building has been COMPLETELY CONSTRUCTED for more than two years... But various 'smaller details' are STILL INCOMPLETE... The Developer has been 'INCOMMUNICADO' ever since the basic construction had been completed (past 2-years)! He does not take our calls, reply to our emails, or actually sit down for any of the 'discussion-meetings' that are planned from time to time, via his staff. Other problem-areas in the Agreement: (Noticed later: none of the older generation, who actually entered into the Agreement, realised any of this at that point):- (i) The Agreements, which have not been registered, are apparently drawn on Stamp-paper that is of INSUFFICIENT value – The main Agreements are on Rs. 10, while the PoA’s are on Rs. 50 Stamp Paper. (ii) The Agreement does not categorically specify that the property is to be developed into a G+4 building – though the PoA does mention this. The Agreement only mentions that the First Party will be entitled to 4 flats, on four floors each – and similarly, the Second Party will be entitled to 4 flats, on four floors. ----------------------------------------------------------------- Background:- A "Development Agreement" (title of the deed) was drawn out between all the legal heirs of the property ('First Part'), and a 'Developer' which is a Proprietorship firm ('Second Part'). ("Developer, includes, successors-in-interest") Each "Joint Owner" has an identical, but separate, 'Agreement Document' - All parties concerned signed on ALL of these Agreement documents. All the 4 'Joint Owners' issued four SEPARATE Power-of-Attorney's in the name of the Developer. This PoA document mentions the following (pertinent to this query):- "... nominate and constitute... (the Developer)... To construct a G+4 STORIED BUILDING on the Said Share of the property as described in the SCHEDULE... written ACCORDING to the sanctioned and/ or modified building PLAN ... to be granted by the (KMC)..." No 'ALLOCATION AGREEMENT' was ever drawn-out, subsequent to the 'Development Agreement' - but there were VERBAL 'agreements' as to who gets which flat. The SANCTIONED PLAN for G+4 building was FINALLY shown to us (a copy given to each) MUCH LATER - when the basic structure of the new building was almost complete. However, the building that came up was actually G+5 - and we STILL don't have a copy of the NEW sanction-plan (for G+5) - we have never even SEEN it – though the Promoter claims he has it! The Development Agreement mentioned (pertinent to this query):- "Second Parties Obligations:" "Time of Completion: The Second Party hereby agree and covenants with the First Party to COMPLETE THE CONSTRUCTION OF THE NEW BUILDING WITHIN 18 MONTHS from the date of... Sanction plans... vacant possession... which ever is later... TIME OF COMPLETION SHALL BE THE ESSENCE OF THE CONTRACT." Thanks in advance for any advise that maybe forthcoming!