Scope and Element of Caveat Laws in India

By

 Avantika Banerjee

 School of Law and Governance, Central University of South Bihar.

About the author:

Avantika Banerjee is a third year law student pursuing her five year B.A. LL.B.(H.) degree from School of Law and Governance, Central University of South Bihar.

What is Caveat law?

“An admonition, caution, or warning. A formal notice or warning given by a  party to a judge or other court officer concerning  his or her behavior  and  requesting  a suspension  of the proceeding  until the merits of the  notice or warning are determined.”

Caveat is a Latin term which means “let him beware”.

What is caveat and how does it work?

“Caveat” is a Latin word which means “let him or her beware.” Once a caveat has been registered against the title, anyone searching the title can see that someone else claims an interest in the land. No dealings can be registered against the title unless the caveator consents to their registration.

If the owner attempts to register any dealing (for example, transfer the land to someone else or mortgage the land), then the caveator is served with notice. The caveator must then apply to the High Court within the required time for an order that the caveat not lapse. If the caveator does not do this, the caveat will lapse and the owner will be free to deal with the land as the owner pleases. If the court orders that the caveat not lapse, then it will remain on the title until the caveat or’s claim has been dealt with by the court or withdrawn by the caveator.

How is a caveat application filed?

 

IN THE COURT OF THE CIVIL JUDGE ___________________ AT

Any city

CAVEAT APPLICATION NO.

SHRI _______________________

Aged_________Years, Occupation:

(Complete Address)………………………. Caveator

 

V/s

 

The ________________________Limited )

Having their registered office______________

…………………………………………………………………………………….Other Party/Opponents

Caveat Application u/s. 148-A of the

Code of Civil Procedure is as under;

MAY IT PLEASE THE HON’BLE COURT:

  1. Pray that no Ex-parte order be passed in any Suit/Case/Application for injunction/any Recovery/prohibitory order/s to be instituted by the Opponents above-named in the Honorable Civil Court, ______________against Caveator in connection with the Loan granted to Shri ______________ by the Opponent Bank without due notice of the proposed Suit/Application to the Caveator above-named.

 

  1. The address of the Caveator for service of notice/summons of the proposed suit/application of the Opponent above named is as per the title clause of this application.

 

  1. The Caveator undertakes to serve a copy of this application by Registered Post A.D. to the Opponents above-named.

 

  1. Fixed Court fees stamp is affixed to the Caveat application.

 

Filed in the Court

On _____________________

PLACE:

 

Disclaimer:

This Article was prepared or accomplished by Avantika Banerjee in in his personal capacity. The opinions expressed in this article are the author’s own and do not reflect the view of the LawOF.in

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