Kaagazaat

Caveat Petition (Section 148A, Code of Civil Procedure)

At a glance

Price: Free
Stamp duty: A caveat petition ordinarily carries a small, fixed court-fee stamp under the Court Fees Act, 1870 as applicable to Punjab, and under that Act as applicable to the Union Territory of Chandigarh, rather than an ad valorem duty — it seeks no monetary relief and creates no right of its own.
Registration: Not a registrable instrument.
Witnesses: No attesting witness signs the petition itself.

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Also called

Caveat
Section 148A Caveat
Lodging a Caveat
Caveat Emptor Petition
केविएट याचिका
धारा 148ए याचिका
ਕੇਵੀਏਟ ਪਟੀਸ਼ਨ

When you need it

You have reason to believe that someone may apply to a court for an order affecting you — most often for probate or letters of administration on an estate you have an interest in, or for an injunction or other interim relief in a civil matter — and you want to be sure the court will not pass that order without first hearing you. Section 148A of the Code of Civil Procedure, 1908 lets a person who claims the right to appear on the hearing of such an application lodge a caveat, which requires the court to notify the caveator before deciding the application, and requires the applicant to give the caveator a copy of what has been filed.

A caveat lodged under section 148A(5) remains in force for ninety days from the date it is lodged, unless the anticipated application has already been made before that period expires. It does not itself state any objection to the anticipated proceeding — it only secures notice and an opportunity to be heard once that proceeding, or application, is actually filed. Not for a proceeding that has already been filed and on which you have already been served or have already appeared — a caveat is precautionary, filed before or instead of that notice; once you are already a party with notice, this document has done its work. Not for a criminal matter, which section 148A does not reach at all.

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What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

A caveat petition ordinarily carries a small, fixed court-fee stamp under the Court Fees Act, 1870 as applicable to Punjab, and under that Act as applicable to the Union Territory of Chandigarh, rather than an ad valorem duty — it seeks no monetary relief and creates no right of its own. Confirm the current fixed amount at the filing counter of the specific court before presenting this petition.

Registration

Not a registrable instrument. This petition is lodged with the court's own registry, becomes part of its record for the case or estate concerned, and is not a document the Registration Act, 1908 reaches.

Notarisation

The supporting affidavit verifying this petition is sworn before a Notary Public, an Oath Commissioner attached to the court, or the court itself, in the same way as any other verified pleading.

Witnesses

No attesting witness signs the petition itself.

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Sample preview — placeholder answers, not your data

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IN THE COURT OF THE COURT OF THE DISTRICT JUDGE, JALANDHAR

IN THE MATTER OF: The estate of the late Sh. Gurmail Singh, who died on 6 February 2026, comprising immovable property at House No. 55, Guru Nanak Nagar, Jalandhar and bank accounts held with State Bank of India, Jalandhar.

CAVEAT PETITION UNDER SECTION 148A OF THE CODE OF CIVIL PROCEDURE, 1908

Sukhwinder Kaur, daughter of Sh. Gurmail Singh, resident of House No. 55, Guru Nanak Nagar, Jalandhar 144001 ... CAVEATOR

MOST RESPECTFULLY SHOWETH:

1. That the Caveator apprehends that Baljit Singh, of House No. 72, Model Town, Jalandhar 144003, may make, or has already indicated an intention to make, an application for probate of a will, or for letters of administration to an estate

before this Hon'ble Court, concerning: The estate of the late Sh. Gurmail Singh, who died on 6 February 2026, comprising immovable property at House No. 55, Guru Nanak Nagar, Jalandhar and bank accounts held with State Bank of India, Jalandhar.

2. That the Caveator's interest entitling the Caveator to appear on the hearing of any such application is: The Caveator is a daughter and one of the Class I legal heirs of the deceased, and has an interest in the estate under the Hindu Succession Act, 1956.

3. That the grounds on which the Caveator apprehends such an application are: The Caveator has reliable information that another family member intends to apply for probate of a will dated shortly before the deceased's death, of which the Caveator was never informed and whose genuineness the Caveator disputes.

4. That the Caveator accordingly lodges this caveat under section 148A(1) of the Code of Civil Procedure, 1908, so that no order may be passed on any such application without notice to, and an opportunity of being heard given to, the Caveator.

5. That this caveat is filed in the State of Punjab, and the Caveator shall separately serve a notice of this caveat on Baljit Singh by registered post with acknowledgement due, as section 148A(2) of the Code of Civil Procedure, 1908 requires.

6. That this caveat shall remain in force for ninety days from the date it is lodged, under section 148A(5) of the Code of Civil Procedure, 1908, unless the anticipated application is made before that period expires.

PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:

(a) take this caveat on record;

(b) direct that no order be passed on any application of the kind described above without notice to the Caveator; and

(c) direct that a copy of any such application, and of any paper or document filed in support of it, be furnished to the Caveator at the applicant's expense, as section 148A(4) of the Code of Civil Procedure, 1908 provides.

Through Counsel: Amandeep Kaur Sidhu, Advocate, Chamber No. 42, District Courts, Jalandhar

Questions about this document

Does the Caveat Petition (Section 148A, Code of Civil Procedure) need stamp paper or stamp duty in Punjab and Chandigarh?

See the full position on stamp duty, registration and witnesses

Does the Caveat Petition (Section 148A, Code of Civil Procedure) need registration in Punjab and Chandigarh?

Not a registrable instrument.

See the full position on stamp duty, registration and witnesses

What does the Caveat Petition (Section 148A, Code of Civil Procedure) cost on Kaagazaat?

Free.

Documents are free. Only kits are paid.

Does the Caveat Petition (Section 148A, Code of Civil Procedure) need witnesses?

No attesting witness signs the petition itself.

See the full position on stamp duty, registration and witnesses

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