The implications of memorandum of caveat
A citizen
(Querist) 04 April 2013
This query is : Resolved
My land has been encroached by an opposing party. We had to call the police to have the issue sorted. Now i have received a "memorandum of caveat". What does this mean & what are its implications? Does it require me to take any action? Please assist
Thanks in advance
Raj Kumar Makkad
(Expert) 04 April 2013
Memorendum of Caveat means that your opposite party has already filed a petition before the concerned court that in case you file a case against him (opposite party) then no order in his absence be passed and he be given a notice prior to hearing your case.
This is an indication that your opposite party is ready to face all eventualities. If solution before police arrives amicably then it is better otherwise you shall have to resort civil court remedy.
prabhakar singh
(Expert) 04 April 2013
The party who has caused you to be served by a caveat notice is alarmed and apprehending suit against him from you.
If you would file any suit against him with in 90 days,the court shall not grant you any exparte interim order without affording him hearing.
Devajyoti Barman
(Expert) 04 April 2013
Do not pay much attention to caveat. Your legal rights are not restrained by it. It only means the court would pass order if you file a suit against the encroacher after hearing both of you.
Engage an advocate.
Nadeem Qureshi
(Expert) 04 April 2013
Agree with experts, nothing left to add
Adv k . mahesh
(Expert) 04 April 2013
memorandum of caveat means if you file a case the court without hearing the other party will not give any ex parte order and your opposite party had filed caveat and this validity is 90 days
A citizen
(Querist) 05 April 2013
Thanks for all your replies. The memorandum of caveat form does not have a petition number (the field is left blank). And it has no signature/seal from anyone in the court. It has no signatures other than the petitioners & advocate. Is it still valid?
Thanks in advance
Devajyoti Barman
(Expert) 06 April 2013
It does not bear the information you are seeking. It is copy of the memo which is filed after sending you it through post.
A citizen
(Querist) 07 April 2013
Thanks all for your replies!!
