APCRPCO Section 295 : Examination and Registration of Caveat and its Requirements
Act
Summary
Section 295 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, outlines the procedures for the examination and registration of caveats. It mandates that caveats be entered in a register and examined by the Chief Ministerial Officer. Compliance with legal requirements is essential, and any non-compliant caveats must be rectified and resubmitted. The section also specifies the need for an accompanying affidavit and notice, along with a court fee of Rs. 10.
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Explanation using Example
Example 1: Filing a Caveat for Property Dispute
Introduction: Ravi, a landowner in Andhra Pradesh, anticipates a legal dispute over his property with his neighbor, Suresh. To safeguard his interests, Ravi decides to file a caveat in the local civil court.
Application: According to Section 295(1) of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Ravi must ensure his caveat is entered in the register and examined by the Chief Ministerial Officer. Ravi submits the caveat with an affidavit stating his interest in the property and the grounds for his objections, as required by Section 295(3).
Outcome: The Chief Ministerial Officer examines the caveat. Finding it compliant, he endorses it as "Examined and may be registered." If Ravi had failed to include the affidavit or pay the court fee of Rs. 10 (Section 295(5)), the caveat would have been returned for non-compliance, requiring rectification within a specified time (Section 295(2)).
Conclusion: By complying with the procedural requirements, Ravi ensures that he will be notified before any legal action is taken regarding the property, allowing him to present his objections.
Example 2: Caveat in Anticipation of a Will Dispute
Introduction: Priya, a resident of Andhra Pradesh, expects a dispute over her late father's will. To prevent any probate proceedings without her knowledge, she files a caveat in the relevant court.
Application: As per Section 295(4), Priya must accompany her caveat with a notice in duplicate, filled by her or her counsel. Her affidavit must clearly state her right as an heir and the grounds for her objections to any probate application (Section 295(3)).
Outcome: The caveat is initially returned due to an incomplete notice. Priya promptly rectifies this and resubmits it within the specified time, ensuring compliance with Section 295(2). This allows her to be informed of any probate proceedings, giving her the opportunity to contest the will.
Conclusion: Priya's timely compliance with the caveat requirements protects her interests and ensures she is involved in any legal proceedings regarding her father's estate.
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