I need all your help on the below matter:
A pagdi system building goes for redevelopment. 1 of the tenants signs agreement papers with the builder with respect to his flat for an alternative flat in the new reconstructed building. The flat belongs to the tenant's father who is dead. The tenant has been living there ever since. The tenant also has a brother who had been absconding since a long time and even when the building goes for redevelopment the builder is aware of this as he is a family friend. Therefore the builder signs an agreement with the tenant with respect to the flat. Before the building is ready the tenant passes away leaving behind his wife & 3 daughters as his legal heir. Now when the building is ready the tenant's brother comes back and goes to the builder and says he is also a legal heir and hence the flat should not be transferred to his brother's wife's name. The builder is now refusing to give possession of the flat saying that they 1st resolve the dispute amongst themselves. While i agree the brother has a claim is it not the duty of the builder to return the flat to the person from who he had taken it (in this case it shud go to the legal heir as the tenant who signed the agreement is dead). More importantly the police is also siding the builder. Can v ask the police to charge sec 441 on the builder as once the property is ready it has to be handed over to the person from whom it was taken. The family dispute can be settled latter amongst themselves or in court.
Please advise.
