Caveator

Caveat is filed as precautionery measure. This application is filed to prevent oppsite party from seeking ex-parte relief by approaching court. You are not suppose to file any reply or deposite any amount. Please appoint local advocate and consult with him. If you are in Mumbai you can contact me.

From what you have stated that your father has received caveator notice from advocate on behalf of my uncle, only shows that your uncle has won a court case against your father.

Your uncle expects that your father may file appeal in the higher court.  Therefore, to ensure that no order is passed (by staying the lower court order) in favour of your father by the higher court, he has filed the Caveat Application.  Once a Caveat Application is filed by a party (normally by a party who has favourable order in hand) the opposite party (your father) when filing any Appeal has to first serve a copy of the Appeal to your uncle.  Then your uncle will be keeping a watch of the cause list of the higher court and will make an appearance on the day when the Appeal comes before the Court.  If your uncle appoints any lawyer, then on the first day of hearing of the Appeal, that lawyer will oppose the appeal, and also oppose that no Stay of the order passed by the lower court should be granted etc. etc.

 

 

Sir,

my uncle did not file any case on my father , one year ago we have received an advocate notice from my aunt(uncle wife) after received the notice we sent reply of notice to them .

Two days ago we got caveator application through registered post from an advocate.

thank you very much sir 's for your quick reply...

till the date there was no case filed on my father from my uncle , just two days ago we got caveator application letter only .

You are wrong.

There is some court order against your father.  Without that the question of filing any Caveat Application from your uncle's wife side does not arise.

If you so wish, Either you type the contents of the Caveat Application here, so that one can go through and give a view, or consult a lawyer in your area.

CAVEATOR APPLICATION WHICH WE GOT, DETAILS CLEARLY MENTIONED ON BELOW,


IN THE COURT OF THE HONORABLE PRL. DISTRICT JUDGE ..


C.O.P. NO. /2018



PETITION FILED ON BEHALF OF THE CAVEATOR UNDER SECTION 148 A OF CIVIL PROCEDURE CODE.

DESCRIPTION OF THE CAVEATOR;

personal details mentioned applicant and caveator.

DESCRIPTION OF THE RESPONDENTS;

Personal details of the parties

BRIEF FACTS OF THE CASE :

It is submitted that the caveat schedule mention property is absolutely belongs to the caveator only and the same in his peaceful possession and enjoyment of same since 1986 on wards without interference of any one in the locality till to this date , and to knowledge of one and all including the RESPONDENTS.

while so the RESPONDENTS are trying to claim the property under the false allegations and by trying to create some documents and trying to file a false suit or petition against the caveator to get ex parte orders against the caveator.

hence caveat is filed for the purpose of prior notice in the event of in any such suit , or petition filed by RESPONDENTS before passing any ex parte interim orders against the caveator and caveat schedule mentioned property.

A copy of petition is already sent to the RESPONDENTS through registered post and the postal receipts are filed herewith.

This is being a caveat application filed U/Sec 148-A of c.p.c. a fixed court fee of Rs. /- is paid herewith under rule rule 295(5) of civil rules of practice.

HENCE THE HON'BLE COURT MAY BE PLEASED TO :

register the caveat application,

direct the RESPONDENTS to issue prior notice in any suit , petition, or application filed by RESPONDENTS against the caveator and caveat schedule mentioned property before this Honorable court before passing any interim orders:;

direct to pay the cost of application and

pass such order that are deemed fit proper in the interest of justice .


And sign of caveator. Advocate for caveator.

;;;;;;;It is submitted that the caveat schedule mention property is absolutely belongs to the caveator only and the same in his peaceful possession and enjoyment of same since 1986 on wards without interference of any one in the locality till to this date , and to knowledge of one and all including the RESPONDENTS.::::;;;;;


This is false statement he had made , till to 2016 all were in the name of my grand father. after my father and his brothers got there name.

Daughters got their shares in the year of 2000,
we did a mistake we did not take letter from them they will not have rights on balanced property.

they got more property as compared to muslim shariat act ...


please guide me

Now that he has indicated in the Caveat Application that "caveat schedule mention property is absolutely belongs to the caveator only and the same in his peaceful possession and enjoyment of same since 1986 on wards without interference of any one in the locality till to this date", all of you should know that he is claiming it to be his absolute property.

Having come to know his claim, if you feel that what he says is wrong then you have to take appropriate legal action by filing suit.  If you do not do now, then it will be presumed that what he has said in the caveat application is correct.

Therefore, you have to approach a local lawyer well versed in property law, show all the documents in your hand, discuss the detailed facts and then take appropriate action without wasting time.
 

thank you sir