What is the purpose of caveat petition?

A caveat petition is a precautionary measure undertaken by an individual anticipating that another individual may file an application in a suit or proceeding instituted or about to be instituted against him/her in the court.

What is the effect of filing a caveat?

In law, it is observed as a notice or a precaution exercised expressly in probate cases. It is initiated with an aim that under court proceedings certain matters shall not be heard, action may not be taken, judgment or order may not be passed or issued without the hearing the person who has filed the notice of caveat.

Who can file a caveat in India?

Who may lodge a caveat? Section 148A further provides that a caveat may be filed by any person, whether a party to the suit or not, as long as the person filing the caveat has the right to appear before the court in regard to the suit in question.

Is a caveat a warning?

Issuing a warning to a caveat A caveat is entered at the Probate Registry to prevent the issue of a Grant of Probate or Letters of Administration. Once a caveat is in place, the Personal Representative will not be able to administer the estate until it has been removed.

What is an example of caveat?

The teacher gave the unruly student a caveat; if he continued to misbehave he would end up in detention. She put a caveat on the estate to prevent probate. I’ll have to add our usual caveat to the agreement.

What is the legal meaning of caveat?

let a person beware
The caveat is generally a Latin phrase which means ‘let a person beware’. In law, it is a formal notice where the person is always intimated before any legal actions are taken against him or her.

Who can put caveat?

The main difference between a registrar’s caveat and a private caveat is that a registrar’s caveat is only entered by the Registrar of Titles or Land Administrator whereas a private caveat can be entered by anyone who claims title over the land or claim to have an interest over the title of the land.

Who files a caveat?

Caveat is an application filed by a legal person in a particular court of civil nature against one or more legal persons, seeking to be heard before passing any ex-parte order against him in any proceedings that may be filed by the said persons against him in that court.

Can a caveat be permanent?

Caveat, warning and entering an appearance Once an appearance to the warning has been entered, the caveat will be permanent unless and until it is discontinued, upon the parties reaching terms or following contentious probate proceedings.