• Caveat process

In 2015,after court degree agri land, 4 generation property, divided in three Son.
Elder son before degree sell his share of higher value land attached with Highways via registration and Notary Public without division .Now My Elder Uncle Son wants share on property ??? And wants to cancel our Registered Nagarpalika patta ,Can he do so ??Can I suit a caviet on Notary sell ??Can I do so as a Grandson ???Can I claim on my share of my Father share???And How can I do???What is Caviet???
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

Hello

The property was divided as per the court decree but the elder son sold off the property before the decree.how did je do so?that was illegal. Anyway...you didn't object to it. Then his son is demanding share in the property which is your share...He cannot do so. He has no right to any share. You have a share in your father's share as it is an ancestral property.

Caveat is an application filed in the high court wherein in case a case is filed against you you know beforehand.

Regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

caveat application in the Indian court means that you are requesting any court that if in case a specified person or organisation files a case in the court in which you are having some valid interest -- than no order should be passed by that Hon'ble court without giving you a notice about that case being filed and also without listening your side in that matter..

Caveat petition is a precautionary measure which is undertaken by people usually when they are having very strong apprehension that some case is going to be filed in the court regarding their interest in any manner.

The caveat petition remains in force only for 90 days and if during that duration no case gets filed from the opposite side than -- you have to again file a fresh caveat petition as new in the court.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sir caveat wont be filed here caveat is filed by the person who fear that a suit may be filed against him and the other person can approach court so the person files a caveat in advance so that he is informed as soon as a suit is filed.

In this case since the partition was done by the court decree in favour of three son the grand son has no right over the property as the property is partitioned it is no joint property. Grandson cannot claim share in this property. He cannot file for cancellation of the patta. Since seeing the nature of property the property is partitioned he cannot claim share form his father.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Uncle son can file suit to set aside partition of land

2) however he has to claim his share from property sold by his father

3) property which has remained undivided for four generations is ancestral property

4) once division has taken place it ceases to be ancestral property

5) you would not have share as grandson

6) caveat can be filed so that notice would be issued to you before property is sold

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Don`t confuse with caveat. Caveat is a notice file in advance in court that court should not pass any order if any case filed against him without hearing the party who filed caveat.

Sale can be challenged as effected without partition. Elder uncle son has no right in your share but could have in his father`s share and his father already alienated share, so he can claim from his father only.

You can claim share if property purchased by great grand father.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

What is Caviet MEANS opposite parties cases sumitted by court before information than you

Giriraj Prasad Bairwa
Advocate, Jaipur
23 Answers

Not rated

Whatever action you propose to initiate has to be done on behalf of your father if he is living.

You can very well file a caveat and then initiate steps for cancelling the sale deed done by them earlier on the notarised document.

In fact the sale deed by a notarized document is not valid in law and it is not binding on anyone,

the buyer cannot claim title to the proeprty based on the notarised sale deed in his favor.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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