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Caveat

A notice filed in court by a person who expects someone to file a case or application against them, asking to be heard before any order is passed. It stays in force for 90 days.

A caveat is a precaution. If you expect the other side to rush to court for an interim order, for example an injunction stopping you from building or selling, you can file a caveat so that the court hears you before passing any order.

The law behind it

Section 148A of the Code of Civil Procedure, 1908 lets a person who claims a right to appear before the court in a suit or proceeding (the caveator) lodge a caveat. The caveator must serve notice of the caveat on the person expected to file. Once a caveat is filed, if the expected application is made, the court must give notice to the caveator. A caveat remains in force for 90 days from filing; after that it must be filed again.

Probate caveats

In probate and letters of administration matters, a person who wants to oppose the grant can enter a caveat under the Indian Succession Act, 1925 (Section 284), so that no grant is made without notice to them.

  • File in the court where the case is likely to be filed.
  • Name the expected applicant and the likely subject.
  • Serve the caveat notice and keep proof.
  • Renew it after 90 days if needed.

Draft a caveat petition or a probate caveat.

Checked against the sources below on 7 November 2026 IST. General information about Indian law, not legal advice for your case.

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