Kolkata | 01 Jan, 2023 (2 months, 3 weeks ago)

Property Law

Joint development issue

We have two plots of 3 kata each side by side. We entered into a agreement with a builder who got a building plan passed for one plot. But later on he constructed on both plots. He even sold 3 flats and is now offering, our share of 3 flats of equal size. Our JD agreement is not registered and now we have refused to give the builder, the power of attorney as he has not passed the building plan for both plots but has fully constructed on both plots. Has he done the right thing as per law ? Should we give him the power of attorney ? What is the way out of this problem ? What are the strict legal implications for violating the rules and regulations by the builder ? As landlords do we face any major problems in near future if we give him the power of attorney, take our 3 flats, sell them in open market to move out of this situation? what do you suggest ?
02 Jan, 2023 | 12:06

Violation of rules & regulations by the builder may attract fines & other penalties. Giving a power of attorney for the same will imply that you're a party in it by agreeing to it. In my opinion, you should get proper approvals in order to avoid any adverse consequences. If the builder is not agreeing with the same, the appropriate authority would be West Bengal Housing Industry Regulatory Authority (HIRA).

You may reach out at advakshaylal@gmail.com, for further discussions.

Adv. Akshay Lal
Taarkik Legal - Advocates & Consultants


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