Doubts on caveat
skms
(Querist) 08 February 2016
This query is : Resolved
Dear Experts,
I have posted the question in forum but didn't get any replies, I request your help on it
One of our tenants, (whos agenda is to claim adverse possession though no suite have yet started) , filed a caveat for do not obstruct the wide road they are using around 10 feet, which is through our land , which is through center and it divide our land in front to two part. we are agreed to give a 4 feet (I belive 3 feet is the legal right) through side to the house he stays which will give us a one single piece of land in front. entire property is ours , and we are also paying land taxes, building tax (for the house he stays) , the defensive stand instead of filing a suite is to sell a part of property,before starting a legal war.
My understanding that he filed a caveat instead of a suite as he didn't have any legal right on the property, but if we file a suite against him, I believe he will immediately claim an adverse possession, which may take years to settle and until its settled he can enjoy the property as he stays there. I also believe all these caveat filing is for proving his 'Hostile' stands in the court while claim adverse possession.
From my understanding caveat is not a court order, its just a notice. against any legal action , please correct me If I am wrong. My questions are,
What happen if we forcefully close that road and make it 4 feet through side. as we provide passage , we didn't obstruct his easement right, as its not a court order I belive there is nothing wrong in doing so. If he destroy that closing wall , can we give a police complaint, while caveat exists.
Can we register that peice of land in another document while caveat exists, we plan to create another document including house he stays in another family member name, with road described in the document. so I believe the even if its become a suite in future, he can only claim the road in the document which include the house he stays. also it protect our risk to that document while saving the rest of the property. is there any legal restriction on registering a document while caveat exists?
Also he will take income from our trees like , coconut, without our permission. Can we move to file a police complaint/criminal suite for Theft on him?
Looking forward for some lights on these issues. Thank you for your valuable suggestions.
rajagopal.s
(Expert) 08 February 2016
Hi
Caveat is not a legal suit by itself. it only tells that the courts should serve notice on him before making any injunction order.
So, if a caveat has been issued, it does not trample on your rights . you can do whatever you deem fit with your property when the caveat exists. also please note that caveat is valid only for 30 days.
you can file a criminal complaint on your tenant. no issues.
JURIS LEGAL SERVICES
(Expert) 08 February 2016
Agree to Rajagopal advice. Go ahead and follow same.
Ahmed
Juris Legal Services
skms
(Querist) 09 February 2016
Dear Sir,
Thank you for the replies. but I belive caveat is valid for 90 days, not 30 days , please correct me if I am wrong. I was waiting about 3 month doing nothing as I get this adivice.
Sarath
Rajendra K Goyal
(Expert) 09 February 2016
148A. Right to lodge a caveat.
5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.
As per Delhi high Court notification HIGH COURT OF DELHI: NEW DELHI NOTIFICATION No. 264IRuiesIDHC Dated: 02.08.2010:
l3B Time for destruction of Caveat after it has been seized to be in force - Unless otherwise ordered by the Court, a caveat lodged under sub-section (1) of section 148A of the Code of Civil Procedure, 1908 shall be destroyed within a period of six months
from the date it ceases to remain in force after the expiry of ninety days from the date on which it was lodged as a result of non-filing of application referred to in sub-section (1) of section 148A of the Code of Civil Procedure, 1908."
T. Kalaiselvan, Advocate
(Expert) 14 February 2016
Existence of Caveat shall not forbid or bar you from proceeding with your intended action against the easement or blocking the pathway.
If he indulges in any atrocity after you block his easement rights, you may lodge a criminal complaint against him.
