Won case filed for possession of property from my brother


I have won the case in my suit filed against my brother for possession of property which was bequeathed to me from my late unmarried sister. What should be the next course of action? My lawyer has suggested that I should file a caveat in the high court in case my brother goes for appeal. Is this correct?

Answers (3)


72 votes

Yes it is correct.
But you should file your execution petition before the same court who passed judgement in your favour and if will file the caveat before the High Court then you will also be able to appear on notice before the High Court and court will not pass any order without hearing you.


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296 votes

First of all congratulations to u for winning the case n secondly ur lawyer is right if he is suggesting u to file caveat in high court n secondly if the property bequeathed to u is a agricultural property then u must get ur name registered in the revenue records in place of ur late sister by way of mutation proceedings n if it is a residential property then get ur name transferred in the house tax records in the municipal corporation of ur city.

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If High Court is the first appellate court then caveat would be relevant or else it is of no use. Also, file for the execution of the decree as soon as possible, that would be the next resort and the most important for you.

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