Caveat
A Caveat petition is a warning that specific actions may only be taken by informing the person who gave the notice. It is provided for under Section 148A of the Civil Procedure Code, 1908, and is a precautionary measure typically used when there is an intense apprehension that a case may be filed in Court concerning a person’s interest. The Latin term ‘Caveat’ means ‘let a person beware’; this warning is given as a petition.
The Section lays out five main requirements for a Caveat petition:
- Who may lodge a Caveat
- The duties of the Caveator
- The duty of the Court
- The duties of the applicant
- The life of the petition
Those wishing to lodge a Caveat must claim a right to appear before the Court on the application hearing. The Caveator must then serve a notice of the Caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be made. The Court must then serve a notice of the application on the Caveator. The applicant must furnish the Caveator with a copy of the application and any papers or documents that have been or may be filed to support the application at the Caveator’s expense. Finally, the Caveat remains in force for ninety days unless the application is made before this period.
A caveat can be a powerful legal tool to protect your interests and prevent property transfer without your knowledge or consent. At our law firm, we understand the nuances of caveat law and the steps necessary to file a caveat to protect your rights successfully.
Our experienced attorneys are dedicated to helping our clients navigate the complex legal system and ensure their interests are protected. We work closely with our clients to gather the necessary documentation, file the Caveat, and represent their interests in any ensuing legal proceedings.
If you’re considering filing a caveat or have questions about the process, please contact us today to schedule a consultation. We’re here to help you understand your legal rights and protect your interests, no matter the situation. Don’t wait – let us help you today.