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ProcedureEdit
Apply In-Person:
- To Register a Caveat against a Property, the applicant has to approach the court where they need to file the caveat. This will depend on the location of the property link
- Note: The applicant has to click on their respective state and select their district to find their nearby courts.
- The applicant has to obtain the caveat form from the court clerk's office. they will guide you on the specific requirements and fees for filing.
- The applicant has to fill in all the necessary details in the application form. (Incomplete applications are not accepted)
- Make sure that the applicant has attached all the necessary documents that are mentioned in the “Required Documents” section of this page.
- The applicant has to attach the photocopies of the required documents along with the application form while submitting.
- Submit all the documents with the completed form to the concerned officer.
- The applicant has to pay the prescribed fee as requested by the authority.
- After receiving the application, the concerned authority will check the submitted application and document set. If all are in place, the application will be accepted.
- Once you submit the caveat application, the court clerk will provide you with an acknowledgement or receipt as proof of filing. Keep this document safe for future reference.
- It is advisable to serve a notice to the concerned parties, such as the property owner, informing them about the filing of the caveat. This can be done through registered posts or any other legally recognized means of communication.
- Once you have filed the caveat, the court will issue a notice to the property owner. The property owner will then have an opportunity to respond to the caveat. If the property owner does not respond to the caveat, the caveat will remain in effect for 90 days.
- Stay updated with the court proceedings related to the property. If any application or legal proceeding is initiated against the property, the court will notify you about it since you have registered a caveat.
- This entire process can be completed within 30 - 45 days or as per the timeline advised by the respective department authority.
- Note: It is recommended to consult with a lawyer to ensure you follow the correct procedure and comply with any specific requirements of the court where you are filing the caveat. They can provide you with accurate legal advice based on your specific situation.
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Required DocumentsEdit
- Caveat Application
- Property Documents (Sale deed or conveyance deed, Lease agreement, Gift deed, Will or inheritance documents, Partition deed)
- Any other legal document that proves your claim or interest in the property
- Identity Proof (Aadhaar card, Passport, Voter ID card, PAN card, Driving license)
- Address Proof (Aadhaar card, Passport, Voter ID card, Utility bill (electricity bill, water bill, etc.)
- Power of Attorney (if applicable): If you are filing the caveat on behalf of someone else, you will need to submit a valid Power of Attorney document authorizing you to act on their behalf.
- Court Fee (The fee amount may vary depending on the court and the nature of the property)
Office Locations & ContactsEdit
Supreme Court of India
The Registrar,
Supreme Court of India,
Tilak Marg, New Delhi-110001
E-mail: supremecourt@nic.in
Phone: 011-23116400, 23116401, 23116402, 23116403
District Courts of India link
- Note: The applicant has to click on their respective state and select their district to find their nearby courts.
High Courts of India link
- Note: the applicant has to click the High Court menu and select the state from the drop-down menu.
EligibilityEdit
- Any person who intends to Register a Caveat against a Property is eligible to make this application.
FeesEdit
- The applicant has to pay the prescribed fee as per the authority’s request.
ValidityEdit
- The caveat petition will be valid for only 90 days. The caveat petition will not be in force after 90 days. Thus, if the applicant files an application before the court after 90 days of filing a caveat petition, the court need not inform the caveator of the application.
Documents to UseEdit
Please attach documents that can be used by people. e.g. links
Sample DocumentsEdit
Please attach sample completed documents that would help other people.
Processing TimeEdit
- This entire process can be completed within 30 – 45 days or as per the timeline advised by the respective department authority.
Related VideosEdit
Videos explaining the procedure or to fill the applications. Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites. Please remove the '&' inside the tags during implementation. Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, sevenload, viddler, vimeo, youku, youtube width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed. e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.
InstructionsEdit
- Applicants must complete the application form before submitting it. Incomplete applications will not be accepted.
- Applicants must provide genuine information while applying for this procedure.
Required InformationEdit
- Name of the applicant
- Address
- Telephone
- Date of birth
- Gender
- Details of property
Need for the DocumentEdit
- A caveat against property is a legal mechanism that allows an interested party to give notice to the courts that they have an interest in a particular property. It acts as a precautionary measure to prevent any legal action or transfer of ownership without the caveator's knowledge or participation.
Information which might helpEdit
- By filing a caveat, the caveator requests the court to notify them if any application or legal proceeding is initiated concerning the property in question. This notification gives the caveator an opportunity to appear before the court and present their case or defend their interest in the property.
Other uses of the Document/CertificateEdit
Please explain what are other uses of obtaining this document/certificate. e.g. Birth Certificate can be used as proof of identity.
External LinksEdit
OthersEdit
- The purpose of a caveat is to safeguard the caveator's rights and prevent any unauthorized or fraudulent actions related to the property. It provides an opportunity for the caveator to be heard and ensures that their interests are protected in legal proceedings that may affect the property.
- Caveats are commonly filed in property-related matters, such as disputes over ownership, partition, sale, or any other legal actions that may affect the title or possession of the property. By registering a caveat, the interested party seeks to maintain a level of control and involvement in any legal proceedings concerning the property.