Caveat filled on my fathers property
My name is sunny.
I am from pune.
My uncle' son has filed a caveat on my fathers and uncle property.he says that the entire property is in his absolute possesion which is wrong.,but he is operating on that property since last 3 years.
How do i remove that caveat.
Awaiting for the best solution.
Asked in Property Law from Pune, Maharashtra
Caveat is filed to seek the right to be heard by the court before any adverse order is passed by it. It is not a suit. Your father and uncle should file a suit for declaration of title if their title is under cloud and they may also seek temporary injunction against your uncle's son but as the caveat has been filed the court will not proceed against him without first hearing him.
1) caveat is only for purpose that no interim reliefs should be garnted without granting caveator being heard
2) Section 148-A (3) of Civil Procedure Code is a condition precedent for serving an application on caveator before passing interim order etc."
3) In C. Seethaiah V. Government of Andra Pradesh and others AIR 1983 Andra Pradesh 443 wherein it is held that:
"also, when a caveat is lodged it becomes not only the duty of the Court but also of the petitioner and his counsel to bring to the notice of the Court that caveat has been lodged and the matter may not be heard exparte etc."
4) your father and uncle have to file declaratory suuit that they are the owners of property and seek orders to direct son to vacate porperty in his possession
1) A caveat is only a plea made by the party to the dispute that the Authority should not decide the matter without hearing the person who filed the Caveat.
2) A Caveat is valid only for 90 days from the date of filing. After that the Caveat automatically expires.
3) Actually your uncle's son is making you file a declaratory suit by your father and uncle against him(uncle's son) in court of law and get the property entangled in court litigation.
4) If you wish your father and uncle can file a declaratory suit in the civil court and claim title.
5) Another alternative to litigation can be Lok Adalat which is a mediation process.
6) In a proceeding before lok adalat, the parties are encouraged to sit across with the judge and put forward their claims and the judge will decide the case at the very earliest.
7) In lok adalat, the process is faster, purely based on facts of case and cheaper(no court fees, no lawyers are required etc)
8) The orders of lok adalat are equivalent to orders of court and in cases of compromise decrees passed by Lok adalat, the same cannot be appealed in Higher courts.
Hope this information is useful.
Caveat can not be removed but if you filed or any other person who is proposed party in the caveat file any suit regarding the property involve in the caveat then court will issue notice to him and after hearing both the parties the court will pass any order.
After 90 days from filing caveat will be closed automatically.
Advocate, New Delhi
You dont worry abut the caveat.
It is just a petition filed by the petitioner requesting curt to inform him prior hand in case you may file any suit agaisnt him.
Therefore there is no reason to vacate the caveat and there is no provision in law to vacate caveat.