Protecting Title

Dear Mr. Belinda.G

 Yest it is true that caveat is filed under section 148A of the Civil Procedure Code 1908 in India, and it is valid for 90 days only, after expiry you need file another fresh caveat petition.

On filing of the caveat petition if the builder/landlord files any suit/case as against your client he will not get any exparte order without your client knowledge.

regards

suresh

Yes Advocate Suresh is correct.

Iwhat Mr. suresh is said is correct to the extent of caveat petition. 

Whereas the said caveat will not prevent the owner registering an interest to third parties without your knowledge. 

The caveat purpose is if the said person files any suit and may obtain ex-parte orders, such a thing will be prevented by filing the caveat petition.

As for as your query is concerned, you should have to take course of legal action for your redressal basing on the rights and interest you have against the builder/landlord.

Many thanks for your assistance, it has been very helpful.

What I really want to do is to stop the owner of the land selling or leasing the property without my client's approval or knowledge.  Is there some mechanism to register my client's interest in the land (which has been created by an agreemenrt by my client and the owner of the land).

In my client's situation, the owner has no cause of action against my client.  But they could sell the land without our knowledge and that is what i am trying to prevent.

basing on your client's agreement with the owner, the rights which your client acquire by virtue of the said agreement, he can file suit for apporopriate relief and thereby restrain the owner from alienating to third parties without the knowledge of your client.  that is the only course of action for your client.   the nature of the agreement  and its recitals are crucial.  hope you understand.