• Caveat

Respected Lawyers,

I need to put a caveat on an ancestral property in Hyderabad which is in the name of my brother. This property was put on my brother’s name when my dad passed away with the understanding that he will be looking after our mother as that’s our mother’s home.

My mother is now looked after by me, so I don’t want him to sell the property without my knowledge, at least not until my mother is still alive.

I don’t have the property papers in my possession.

Please advise what can be done. 

Thank you.

Kind regards,
Amith
Asked 2 months ago in Property Law
Religion: Hindu

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7 Answers

1) your mother should file application before senior citizen tribunal seek maintenance from your brother 

 

2) she can also file DV case against your brother seek injunction restraining sale of property by your brother ,right to stay in said property and maintenance 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

You can very well file a caveat petition  which should be followed by a suit for injunction restraining him from alienating or encumbering the property in any manner.

You may obtain a certified copy of the registration document from the concerned SRO's office if you do not have the documents with you.

You may discuss with an advocate and take a decision that will be suitable to the circumstances prevailing. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

You can file a caveat in the said circumstances you don't need papers for caveat but later for filing any suit you need documents. 

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Dear Sir,

1. It is important to note that a caveat cannot be lodged randomly by anyone. To lodge a caveat, you must have a “caveatable interest”. A caveatable interest arises where you have a legal or equitable interest in the land.

legal interest arises where you have an enforceable right to the land.

An equitable interest arises where you have a right to an interest in the land.

2. Given the seriousness of the caveat and the implications that you could face if there is no valid caveatable interest, you should always obtain legal advice before lodging a caveat to ensure an interest exists.

3. Each state and territory in Australia has different laws relating to lodging caveats on property.

Thank You!

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

Hi, you can put the caveat only when if the opposite party may file a suit against you and if he able to get ex-party interim order. I think in your case you don't required Caveat.  It is better you can file Suit for partition.

Pradeep Bharathipura
Advocate, Bangalore
5135 Answers
282 Consultations

4.5 on 5.0

1. The property stands in the name of your brother.

 

2. There is no evidence of the understanding of his maintaining your mother as stated by you.

 

3. How the property was put in your brother's name when your father passed away? Through which deed?

 

4. Was it a conditional gift deed? It is difficult to advise properly without having the required information.

 

5. Caveat will not stop him in selling the property after informing you.

 

6. So, you shall have to challenge his ownership by filing a suit.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

- As per law, an ancestral land cannot transfer to anyone without taking the consent of all legal heirs. 

- However, if your father got his share of land from the ancestral land , then he was having the right to transfer the same to your brother even without taking others consent. 

- Further, if he transfer to your brother by way WILL after mentioning that he will take care of mother and the land will go to him after the death of mother , then legally he is not owner of the said property . 

- Further, your mother can file a suit for Injunction against him before the court for restraining him from selling that property .

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

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