Caveat Meaning According To Law

Section 74h of the real property act provides.

Caveat meaning according to law. According to section 148a sub section 1 where an application is expected to be made or has been made in a suit or proceeding instituted or about to be instituted in a court any person claiming a right to appear before the court on the hearing of such application may lodge a caveat in respect thereof. The purpose of a caveat is to give a person who has an unregistered interest in a property the ability to protect that interest from the harshness of indefeasibility of title which is enjoyed by a later interest which is registered assuming there is no exception to indefeasibility available to the holder of the earlier unregistered interest. Caveat definition a warning or caution.

Under the civil procedure court the provision of caveat is dealt with in section 148a. The court can serve a notice of the caveat through registered post acknowledgement due on the individual by whom the application has been made and on the individual by. A modifying or cautionary detail to be considered when evaluating interpreting or doing something.

Caveat is the name of a notice given by a party having an interest to some officer not to do an act till the party giving the notice shall have been heard. A warning to consider something before taking any more action or a statement that limits a more. As a caveat to the register of wills or judge of probate not to permit a will to be proved or not to grant letters of administration until the party shall have been heard.

According to law the court shall serve the notice of the application on the caveator person initiating caveat petition which makes it compulsory not discretionary. In law it may be understood as a notice especially in probate that certain actions may not be taken without informing the person who gave the notice. It may simply be understood as a warning.

A caveat is a latin term which means let a person beware originated in the mid 16th century.