Caveat
vinoth
(Querist) 25 January 2013
This query is : Resolved
Dear sir
I may met wall issue from my neighbor. Rcently i brought the old property & trying to construct new one. the neighbor 90% scratched away his own wall. his building is standing on my wall. now he is apposing to remove my wall & block mailing as "if you try to remove your wall, i will go to court. After judgment, you can build you'rs".
As per my lawer's advice i filed caveat in munship court,sub court,district court. Also he suggested to file in high court too. I agree to do it.
my questine is,
1)If I filed caveat against one party. Is it possible to get stay from his brother or son or wife or any thrid party of opponent ?
2)Eventhogh lawer given the file number, How to know the lawer is filed the caveat or not ?
3)Any other way to break my caveat ?
4)Lawer told as "once caveat filed court will send you the notice before making any action for this particular property until 90 days" is it correct ?
5)During the 90 days can we finish our building work ?
Please Guide me. I am very very disappointed regarding this issue . Please . . .
ANIL KUMAR 8867907494
(Expert) 25 January 2013
1. U can get stay against ur opponent and his legal representatives
2. U have verify in court
3. No
4. Correct
5. Depends on you
prabhakar singh
(Expert) 25 January 2013
Q.1)If I filed caveat against one party. Is it possible to get stay from his brother or son or wife or any third party of opponent ?
ANSWER:YES ! a caveat applies in personam.
Q.2) Even though lawyer given the file number, How to know the lawyer has filed the caveat or not ?
Answer: CHECK The MISCELLANEOUS institutional register of the court in which caveat is alleged to have been lodged,preferably knowing date/year.
ANSWER TO Q.3 & 4.your lawyer is right.A caveat has life of 90 days only to extend it further one needs to file a fresh so that the fresh may survive for another 90 days,so it goes on....
Q.5)During the 90 days can we finish our building work ?
Answer: Only you or your labors know how much time needed for the your desired constructions.
However you can carry it on so long no injunction order of court is served on you.
Raj Kumar Makkad
(Expert) 25 January 2013
I do agree with the advice given above.
vinoth
(Querist) 26 January 2013
Thanks to all for my reply.
Q.1)If I filed caveat against one party. Is it possible to get stay from his brother or son or wife or any third party of opponent ?
ANSWER:YES ! a caveat applies in personam.
But my lawyer is telling "in which name of your neighbor's property, they only able to get stay on you also we got caveat on our property only. So once we got caveat on particular property, no body can not get stay with out informing by court. "
Please explain.
prabhakar singh
(Expert) 26 January 2013
But my lawyer is telling ....."
He is also correct.I TOLD YOU WHAT YOU ASKED.
BUT WHAT I TOLD YOU IS NOT INCORRECT.
vinoth
(Querist) 26 January 2013
Thanks sir.
Now i am cleared. And i am wondering about this club.
I salute you & This club also the technology . . .
vinoth
(Querist) 29 January 2013
Sir
Again i disturbing you
If there is any possibility to withdraw the caveat in the class of "caveat not valid" ?
Raj Kumar Makkad
(Expert) 29 January 2013
There is no need to withdraw the caveat because it looses its significance if no appeal has been filed by the opposite party.
vinoth
(Querist) 29 January 2013
if they go for appeal ?
vinoth
(Querist) 29 January 2013
I think my questine is wrong . . .
If there is any possibility to withdraw the caveat in the class of "caveat not valid" ? by the court ...
