Clarification regarding Caveat petition & its working

823 votes

caveat petition is a precausionary measure taken by a people when they are having apprehension that any doubtful person is going to file a suit against him. If any doubtful person has filed a suit, during that time if the caveat petition is filed then the court will direct the doubtful person to serve notice on Caveator and court does not pass any interim orders without hearing Caveator and that Caveat petition has a Validity only for 3 months.

Advocate Kiran LawRato

722 votes

Caveat is an official request that a court should not take a particular action without issuing notice to the party lodging the caveat and without affording an opportunity of hearing him. In other words its a caution given by a party to the court not to take any action or grant any relief to the applicant without notice being given to the party lodging the caveat.

Upon filing of caveat, the court would not grant any relief as sought against the person filing the caveat. Simply put opportunity would be given to the person who has filed the caveat to come and make representation before the court before the court grants any interim order.

Caveat would remain in force for a period of 90 days from the date of filing

Advocate Naman Saraswat LawRato

533 votes

Dear friend,
The meaning of caveat petiton is as follows:
CAVEAT
Caveat: A Caveat is an entry made in the books of the offices of a register or court to prevent a certain step being taken without previous notice to the person entering the caveat. In other words, a caveat is a caution or warning giving notice to the court not to take any step without notice being given to the party lodging the care at. It is very common in testamentary proceedings. It is a precautionary measure taken against the greater of probate or letters of administration, as the case may be, by the person lodging the caveat. Section 148-A of the code of civil procedure provides for lodging of a caveat.
Object: A caveat protects the caveator’s interest. The caveator is already ready to face the suit or proceedings which is expected to be instituted by his opponent. Hence no ex-parte order shall be passed against the caveator. The caveat avoids multiplicity of proceedings. Thus it saves the expenses costs and conveniences of the Courts.
Examples: A is owner of a house-site. He wants to construct a building He got the permission from the Municipality. A started construction. Meanwhile, B the neighbourer claimed some of the land of A and objected the construction, on the pretext of some bias, immediately on the day of threatening itself. A filed a caveat against B in the competent civil court praying the Court to give him a notice before passing any interim order or relief in case if B files any application before the Court, so that he could give the answer to the claim of B.
Form: No form is prescribed for the caveat. The caveator may file a caveat in the form an application or petition before the court submitting the cause of action giving the name and description of the opponent. The copy of the application shall be sent to the opponent party in advance by Registered post Acknowledgement due, before filing it in the court.

Advocate Nagaraju LawRato

612 votes

Dear Client,

In law, it may be understood as a notice, especially in probate, that certain actions may not be taken without informing the person who gave the notice. It may simply be understood as a warning. Also its inserted in Section 148A in Civil Procedure Code.

There should be few ingredients while filling the Caveat Petition,

Any person claiming a right to appear before the Court,
·Where an application is expected to be made
·In a suit or proceeding instituted
·In a suit or proceeding which is about to be instituted
May lodge a caveat thereof. It is substantive in a nature.

Advocate Dhanashree V. LawRato