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Legal Notice

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What is a Legal Notice?

A written document sent to someone, be it a person, company or any other entity, specifying that you have some grievances and you are preparing to file suit against him in civil court if the required demand is not fulfilled, is known as a Legal Notice.

Legal Notice is the baby step towards legal proceedings, and it acts like a warning to the person laying down conditions that need to be fulfilled, otherwise a civil suit shall be filed against him. For instance, if the tenant has not paid rent, the landlord can send a legal notice. In this case a tenant eviction notice is sent to the tenant for the nonpayment of rent. It states that if the rent is not paid before the specified date, the landlord has the right to initiate legal proceedings against him for payment of dues before a specified date or face eviction from the premises immediately.

For serving a tenant eviction notice and other kinds of notice, we advise you to consult our team of expert lawyers by posting a query on our page.

Time Frame for filing of a Legal Notice with LawyerINC

2- 4 business day

After availing our services, our case manager will get back to you and take your request further. After receiving all the details about your case, an expert lawyer will be assigned to your case for drafting the legal notice.

2-3 business days

We will provide the legal notice for your scrutiny. If you need alterations in the legal notice, our lawyers will do the needful and revert back to you with the changes

What is the significance of a legal notice in India?

  • The aggrieved party can state his grievances in the legal notice explicitly
  • It brings out the clear intention of the parties to resolve the issue and save oneself from the civil suit.
  • It gives a chance to the receiver of notice to resolve the issue cordinally with the sender.
  • It also acts like a reminder for the receiver about the acts done on his part which is creating problem.

Legal Notice under Indian Law

Legal Notice is generally given in civil cases. Whereas in a criminal case, there is no requirement of serving the accused with a legal notice as the government takes action for this. However, if the civil action is sought against the government, then one needs first serve a legal notice to the government. Subsequently, you can file the civil suit against the government.

Legal notice can be sent to the government or a public officer under section 80 of the Civil Procedure Code, 1908. It states that one needs to send a legal notice if one wants to start a civil proceeding against the public officer for any act during the course of their duty. The whole purpose of this notice is to re-evaluate the condition and offer compensation to the plaintiff without going to the Court.

Circumstances under which one needs to send a Legal Notice

There are many circumstances in which one needs to send a legal notice to a person. Following are few situations under which one sends a legal notice to a person/company

  • Legal notice can be sent in property disputes related to unpaid mortgage, unpaid rent, or failure to deliver possession by the builder, etc. In cases of tenant eviction notice, the landlord can send notice to the tenant for the payment of the rent, and if he fails to do so, he will be evicted.
  • We all pay security money while renting a place while vacating the place, if the landlord does not refund the security deposit, the tenant has the right to send a security refund notice to the landlord for refunding the security amount. In case the landlord does not refund the security deposit or fails to reply to the Legal Notice, then the tenant has the right under section 13 of the Consumer Protection Act, 1986 to move to The Consumer Forum. He also has an option to file a civil suit before District Court for recovery of the security amount under Order 37 of The Civil Procedure Code, 1908.
  • When there is dishonor of cheque, the payee has the right to give a cheque bounce notice to the issuer of the cheque demanding to make the payment within 15 days of receipt of the notice. If not done, then the payee can proceed further and file suit.
  • Legal notice can be sent to a company if you have received a faulty or defective product or service and the Seller has refused to replace the product or refund the amount. The Consumer Protection Act, 1986, addresses these types of cases and helps to resolve issues with respect to damaged products. It states that the consumer can file a consumer complaint in matters related to faulty products, but it is advisable to send a faulty product notice to the seller before filing the consumer complaint.
  • Asking for dues is one of the most tiresome tasks to do. The aggrieved party can send a legal notice for recovery of dues giving a final opportunity to settle the dispute and pay the due amount. if still the dues are not recovered then, the aggrieved party can file a recovery suit
  • Further, Legal notices can be sent in personal matters arising from marriage such as Legal notice for divorce and maintenance, etc.

Who has the power to send a legal notice?

If any person infringes a legal right of another, then the aggrieved person can send a legal notice through an advocate to the person infringing such right either electronically or physically.

Contents of the Legal Notice

Brief statement stating the material facts of the case which gave rise to the claim.

The Legal Notice will consist of the relief which is sought by the plaintiff.

A concise and brief summary of the legal basis on which the notice is filed.

Drafting a Legal Notice

Legal Notice should always be drafted with the utmost care and attention to include the requirements of the aggrieved party and to avail a quick remedy and avoid a civil suit altogether. For drafting a legal notice which forces the receiver to oblige with the terms set forth in the notice, one needs to hire an expert civil lawyer.

Once you send a legal notice, the terms cannot be changed later on. Hence, you should consult an expert and experienced lawyer. Here at LawyerINC, we provide a panel of expert lawyers who will draft your legal notice.

The Procedure for sending legal notice

  • Our Lawyer will contact you and explain the whole procedure and will understand the details of your case
  • Once the objectives are set forth, the lawyer shall draft the legal notice.
  • Once the draft is complete it will be sent to you for review.
  • The party will fulfill the demands set forth in the Legal Notice. If he does not do so, civil suit will be filed.
  • The legal notice should give reasonable time period for fulfilment of demand.
  • Once approved, the notice is sent to person against whom you have a complaint

Advantages of Legal Notice

  • The legal notice gives information regarding the intentions of the aggrieved party and makes the other party aware of the grievances. It informs the party about the consequences if they don’t act accordingly.
  • It acts as a warning, conveying the opponent the recourse available to you if he does not fulfill the demand.
  • It opens the gate for out of court settlement by mentioning the grievances, their stipulated relief, and remedies. The opponent can agree to act upon the demands of the aggrieved party within the given time frame. If they agreed to the demands put forth in legal notice, there is no need to go to the court.
  • Legal notice can be helpful in getting the desired result, as it helps to bring a mutual understanding between the two parties.
  • Sending a Legal Notice is a cost friendly and time saving mode for seeking relief.
  • The Legal Notice acts like a record that the aggrieved parties sought for relief before approaching the Court of Law.

Replying to a legal notice

If you have received a legal notice and do not agree with the terms of the notice, you have to reply to the legal notice. The format for replying to a legal notice is similar to the procedure followed for drafting legal notice. Generally speaking, the time limit for replying to a legal notice is 15- 30 days.

For drafting a reply, one needs to hire a good experienced lawyer.

Why LawyerINC? What are the Services offered at LawyerINC?

  • Free consultation for Enquiry
  • Renounced Legal Experts at your reach
  • End to End services related to Legal Notice
  • Assistance in drafting the Legal Notice
  • Provide you with the best Lawyers as per your case
  • Assistance in filing of case in the appropriate Court.
  • We'll provide ongoing support and we'll be available at your service all the time and provide you assistance.

*Any fee, stamp duty and miscellaneous charges shall be payable extra.

Contact us in case of any query related various types of legal notice and much more. To avail any of the above-stated services regarding legal notices, kindly establish contact by posting a query on our site.

Frequently Asked Questions

  • 1. Is it compulsory to send a Legal Notice?

    It is not mandatory to send a legal notice. But certain cases specify the requirement to send a legal notice before the case is filed in the Court. For example, under section 138 of The Negotiation Instrument Act, 1881 it is mandatory to send a legal notice for the dishonor of cheque before filing the case in the Court.

  • 2. Is it important to hire an advocate for sending legal notice?

    Sending a legal notice is the last chance given to the aggrieved party to resolve the issue without going to the Court. Therefore, it is advisable to take the assistance of an experienced lawyer for drafting a legal notice, as a well drafted notice will cover all the facts and circumstances of the case and ways to resolve the disputes.

  • 3. Do I have the power to send a legal notice by myself?

    Although one can draft a legal notice by themselves, but it still needs to be dispatched under the signature of a lawyer. One needs to mention the legal provisions in the notice that can only be done by expert lawyers. Therefore it is desirable to hire a lawyer for drafting a legal notice.

  • 4. Why to get Legal Notice drafted through lawyerINC?

    LawyerINC is a complete blend of professionals from across the globe. We have in–house team of lawyers and attorneys, CA, CS to assist you. All professional work together in LawyerINC, providing you end to end solution. It guarantees delivery in the shortest and most reasonable rate in India.

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