Legal Question in Civil Rights Law in India
who is caveator? for what purpose it is used?how many days a caveat valid? i got land in villinur in pondycherry in my name.but a suit filed on me in the year 2011 by my step mother regarding the land. she has no children im the only daughter for my father and the only legal heir but my stepmother adopt her sister's son for the property on 2012 she registered,but now she is no more,she expired before 5 months.as per will the said property has all rights only for my father children.my father and stepmother got only the life time enjoyment to the property.i nchanged all the documents in my name in the year 2010 patta is in my name. today i got the caveat from them wat i want to do now? now i can sell my property or not?please give details and explain me wat is caveat?
1 Answer from Attorneys
03.09.2013
Dear Madam,
The legal terminology is "caveat emptor" which means "let the buyer / purchaser beware".
It is one of the settled maxims, applying to a purchaser who is bound by actual as well as constructive knowledge of any defect in the thing purchased, which is obvious, or which might have been known by proper diligence. This maxim is used with reference to sale or sales of the properties where the buyer is expected to exercise proper diligence and to inform himself as to its quality and encumbrances.
"Caveat emptor is the ordinary rule in contract. A vendor is under no duty to communicate the existence even of latent defects in his wares unless by act or implication he represents such defects not to exist." Applying the maxim, it was held that it is the bounden duty of the purchaser to make all such necessary enquiries and to ascertain all the facts relating to the property to be purchased prior to committing in any manner.
Vacating the caveat before selling the property is advisable and recommended.
Regards,
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