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Abhishek Dasamik Banerjee   14 August 2020

stay order in power of attorney

My House is a joint property of my Father and my elder uncle.
They wished to deveop their property through a developer.
As per agreement there are two shiftings are mentioned, one for my elder uncle and one for my Parents with my family(5 heads)
In two shiftings developer mentioned for two bedroom two flats.
one 2bhk for my elder uncle and 1, 2bhk for us 05.
we have objected for stay together and ask for each family(my parents and me) of us for two seperate 1 bedroom flats.
Developer verbaly said, he will do that.
but after getting the power of attorney, he is not ready to do that.
will my father can bring stay order for This POA. As his son Can I take any steps?


Quick Summary
A property owner is concerned after a developer reneged on an agreement regarding flat allocation after obtaining a Power of Attorney (POA). The owner and their father were promised separate flats, but the developer is now refusing. The discussion explores whether a stay order can be obtained against the POA, especially if no money has been exchanged. It suggests revoking the POA through legal notice and newspaper publication if possible, or seeking a status quo from the civil court to protect their interests temporarily.

 2 Replies

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     14 August 2020

What is the development agreement is there any clause?

Whether have you vacated the premises which is to be given for the development. If you have not vacated do not vacate till you get the agreement of your desire.

Without going through the documents one cannot  comment more .You may be successful in getting a a status quo from the civil court.This may protect you for time being

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     15 August 2020

1. IF you have taken Money from Builder, THEN POA cannot be revoked.

2. IF money is not taken, THEN simply revoke the POA, by giving relevant legal notice to builder and 2 local news paper publication, using the services of a local lawyer.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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