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

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.

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.

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

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.

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

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.