Legal Question in Real Estate Law in India

caveat
I have a landed property of about 20 acres of Agricultural land in joint names with my aunt (my father�s sister). The title for us is through partition deeds. In one of the partition deed of our grand father, a right to take soil for his brothers from a small pond inside the land is mentioned. Now we are trying to sell this property. Some of the legal heirs of the brothers of our grand fathers are orally claiming their right in the property on account of the right to take soil. No one took soil from the pond for the last 25 years and the pond also not prominent now. Our aunt says that we should file a caveat petition in the court. Please clarify the following:
- Whether by filing caveat, notice will be issued to all legal heirs of our grand father�s brothers?
- Whether title deeds are to be submitted to court?
- Whether we can sell the property pending caveat in the court?
- How court will have the knowledge of caveat before granting an interim stay on sale of the property?
- What is the validity period of caveat? What will be the cost for filing caveat?

Asked on 8/07/06, 10:00 pm

BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

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Re: caveat

You do not have to file any caveat application.

Answered on 8/12/06, 2:18 pm

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