No need to file caveat
2) in case any appeal is filed against trial court order before HC court would not pass any exparte orders without hearing your father
Writing a will during property suit pendency
Hello Sir, My Father wrote a Will last year on properties which has suit pendency before high court. District court has given positive judgment in favor of my father. Somebody suggested my father last week to file caveat petition on Will/properties . Do we need to really file Caveat Petition on the will and properties sir. If we dont file caveat, what could be the further consequences we may need to face. Kindly suggest sir.
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
Your Father should file a caveat petition in High Court to protect his interests. This will ensure no orders pass without notice to Father, his rights aren't prejudiced, orders are binding, appeal heard by High Court and avoid any adverse consequences.
If the court has given a judgment in your father's favor and the appellate court has not stayed the proceedings during pendency of appeal, There is no embargo or legal infirmity if your father is bequeathing the property in favor of the chosen beneficiary through a Will.
There is no necessity for filing a caveat petition for the Will and in fact filing a caveat against any Will is a term unknown to law.
Since an appeal is already filed before high court, there is no necessity to file a caveat at this stage.
- As per law, a Will can be executed after the demise of the testator i.e. who has written the Will.
- Further, a Will should be Probated from the Court and not Caveat apply in this case.
- Caveat is for getting an information from the court , if any case is filed by the opponent.
- Further, your father cannot apply for Probate of the Will , and only after his demise his legal heirs can apply for the same.
He can execute a will buy the performance of the said property will depend on final court outcome
1. property can be bequeathed by a Will even during pendency of the litigation since a Will operates from the date of death of the testator.
2. when a will is made in respect of a property which is under litigation, the suit is not finally decided by the court
3.if the suit is decided against the testator then subject to the outcome in any appeal, the bequest may either be valid or lapse in case the appeal by the testator fails
4. if the judgment is in your favour then you can file a caveat in the court in which an appeal may be filed against the judgment by the aggrieved party...this will ensure that if that party applies for any interim relief then advance notice will be served on the caveator regarding the hearing on any interim application filed by the appellant
Dear client,
A caveat petition is a legal document filed by a person who has an interest in a property or legal matter and seeks to be notified before any orders or judgments are passed by a court. In your case, since there is a suit pendency before the high court and a positive judgment has been given by the district court, it may be advisable to file a caveat petition to ensure that your father's will is not set aside or challenged by any other parties claiming an interest in the property.
If you do not file a caveat petition, other parties may file applications or petitions challenging your father's will, and you may not be notified of these proceedings. This could lead to adverse orders or judgments being passed against you without your knowledge.
Therefore, it is recommended that you consult with a lawyer who can advise you on the specific facts and circumstances of your case and help you decide whether to file a caveat petition.
