Caveat

Caveat is a legal notice to the court informing it that a person may proceed to file a suit against him/her and asking the court to give a fair hearing before the court takes a final decision.

The word 'caveat' means 'beware' and a caveat to the court is like a formal request and the person filing a caveat is known as caveator. A caveat notifies the court any decision in a suit that may come before must be decided after taking the caveator’s interest in consideration.

File A Caveat Online
At INR 7999

What You'll Get In The Package

Inclusion

  • Telephonic consultation with the lawyer for 30 minutes.
  • Drafting of Caveat
  • Filing of Caveat and other legal documentation and court proceedings.

Exclusion

  • Court fees.

Documents required to file a Caveat

  • Information relating to drafting to caveat.
  • Any case order relating to the matter.

Procedureof filing a Caveat

  • Once the requisite documents are submitted and sent to the lawyer, the lawyer drafts the caveat petition.
  • The petition is then filed with the appropriate court and the rest of the documentation work is completed by the lawyer.

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FAQs

Which law governs filing of Caveat?
Section 148A of the Code of Civil Procedure, 1908 lays down the right of a person to lodge a caveat.
In which court can a Caveat be lodged?
A caveat can be filed only in a High Court or in the Supreme Court of India. A caveat can also be filed in any Tribunal, Forum or Commission in which an appeal can be filed.
Why is a Caveat filed?
A caveat is filed to prevent an ex parte hearing in the court and let the court know that the caveator’s interest must be considered before any decision is taken by the court.
Is it mandatory to file a Caveat?
No, it is not compulsory to file a caveat before a suit.
What is the validity of a Caveat?
A caveat is valid for 90 days from the date it is filed in the court.
Can a Caveat be extended?
Yes, a caveat can be extended before its validity period expires by filing a fresh application with the court.
What is the format of a Caveat?
The format of a caveat differs in different courts. Therefore, it is advised to consult a lawyer before filing a caveat.
Is it necessary to inform the opponent before filing Caveat?
Yes, it is compulsory to send a copy of caveat to the opposite party before filing a caveat in the court.