Application of caveat
karan vazirani
(Querist) 12 July 2012
This query is : Resolved
Sir we are looking to sell our family property. My father had 10 siblings. 1 of them has died inestate. All siblings are co-operating to sell except 1.We have applied for a succession certicate. The process is on since about a year. Now We have been advised by the builder's lawyer to file a caveat in court depositing the said un-cooperative siblings' share in court, as per our legal valuation. He says that the court would issue to notice to this sibling, asking him to accept or reject this share and state his objections in 30 days.If unresponsive, we would get an ex-parte judgement in our favour. I wanted to know if this suggestion is correct? NOTE : the possession and keys of this property lies with me.
ashutosh mishra
(Expert) 12 July 2012
The advise sounds very strange/
In whose name the property is?
karan vazirani
(Querist) 12 July 2012
The property belongs to My father and his mother. ( Both deceased)
MohammedRaffiq Bijapur
(Expert) 12 July 2012
Karan
Caveat is a two line application filled in any of the Court mentioning the details of any matter which is instituted or expected to be instituted in a suit/appeal/proceeding before the said court where the applicant/caveator request that no order with regard to the said matter may be passed without giving notice to the applicant/caveator. The advantage of such application/caveat is to avoid any ex-parte order in any matter which the other party may try to get at the time of filling the matter in any of the courts.
JANAK RAJ VATSA
(Expert) 16 July 2012
your query as well as the advice appears to be intriguing ?
