Bihar - Remove a Caveat against a Property

Advertisement

Procedure

• It is important to note that the process of removing a caveat can be complex and may vary depending on the jurisdiction and the specific circumstances of the case. It is highly recommended to consult with a lawyer to ensure that you follow the correct procedure and comply with any specific requirements of the court.

Apply In-Person:

1. To Remove a Caveat against a Property, the applicant has to approach the court where they filed the caveat. This will depend on the location of the property link

   Note: The applicant has to click on their respective state and select their district to find their nearby courts.

2. The applicant has to obtain the caveat removal form from the court clerk's office. They will guide you on the specific requirements and fees for filing.
3. The applicant has to fill in all the necessary details in the application form. (Incomplete applications are not accepted)
4. Make sure that the applicant has attached all the necessary documents that are mentioned in the “Required Documents” section of this page.
5. The applicant has to attach the photocopies of the required documents along with the application form while submitting.
6. Submit all the documents with the completed form to the concerned officer.
7. The applicant has to pay the prescribed fee as requested by the authority.
8. After receiving the application, the concerned authority will check the submitted application and document set. If all are in place, the application will be accepted.
9. Once you file the application, you may be required to serve a notice to the caveator, informing them about the application for removal.
10. This notice is typically issued by the court and ensures that the caveator has an opportunity to respond or contest the removal.
11. Attend the court hearings related to the removal of the caveat. Present your case and arguments before the court, highlighting the reasons why the caveat should be removed.
12. The court will evaluate the application, the caveator's response (if any), and any other relevant factors before issuing a decision. If the court determines that the caveat should be removed, it will pass an order to that effect.
13. Once the court order is obtained, update the concerned authorities, such as the land registry office or any other relevant entity, about the removal of the caveat. Provide them with a copy of the court order as evidence of the removal.
14. This entire process can be completed within 30 - 45 days or as per the timeline advised by the respective department authority.

Advertisement

Required Documents

• Caveat removal Application
• Property Documents (Sale deed or conveyance deed, Lease agreement, Gift deed, Will or inheritance documents, Partition deed)
• Any other legal document that proves your claim or interest in the property
• Identity Proof (Aadhaar card, Passport, Voter ID card, PAN card, Driving license)
• Address Proof (Aadhaar card, Passport, Voter ID card, Utility bill (electricity bill, water bill, etc.)
• Power of Attorney (if applicable): If you are filing the caveat on behalf of someone else, you will need to submit a valid Power of Attorney document authorizing you to act on their behalf.
• Court Fee (The fee amount may vary depending on the court and the nature of the property)

Office Locations & Contacts

Supreme Court of India
The Registrar,
Supreme Court of India,
Tilak Marg, New Delhi-110001
E-mail: [email protected]
Phone: 011-23116400, 23116401, 23116402, 23116403
District Courts of India link - (Note: The applicant has to click on their respective state and select their district to find their nearby courts)
High Courts of India link - (Note: the applicant has to click High court menu and select state by their drop-down menu)

Eligibility

• Any person whointends to remove a Caveat against a Property is eligible to make this application.
• The person should be above 18 years

Fees

• The applicant has to pay the prescribed fee as per the authority’s request.

Validity

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

• This entire process can be completed within 30– 45 days or as per the timeline advised by the respective department authority.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.gIn the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• Applicants must complete the application form before submitting it. Incomplete applications will not be accepted.
• Applicants must provide genuine information while applying for this procedure.

Required Information

• Name of the applicant
• Address
• Email
• Telephone
• Date of birth
• Gender
• Details of property

Need for the Document

• The removal of a caveat against a property refers to the process of having a previously filed caveat removed or cancelled.

Information which might help

• A caveat is a legal notice filed by an interested party to protect their rights and prevent any unauthorized actions related to the property. However, there may be situations where the caveat is no longer necessary or where there are valid grounds for its removal. In such cases, the interested party can seek the removal of the caveat through a legal procedure.

Other uses of the Document/Certificate

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Link

Others

• Caveats are commonly filed in property-related matters, such as disputes over ownership, partition, sale, or any other legal actions that may affect the title or possession of the property. By registering a caveat, the interested party seeks to maintain a level of control and involvement in any legal proceedings concerning the property.