How To Send A Legal Notice In India?
Updated: Dec 6, 2019
A legal notice is a formal communication to a person or entity informing them that you intend to undertake legal proceedings against him/her. It is a step taken before filing a suit and is meant to warn the other party that legal action may be taken against him/her if they fail to comply with some specified condition.
Who can issue Legal Notice?
Legal Notice can be issued by a consumer himself. later if the client's wills then legal notice can be issued through Advocate. So in the starting, any consumer or person or individual can draft the legal notice or you can say a letter of the notice for your issues.
Importance Of Legal Notice
By sending legal notice it can give a clear intention on the part of the sender to file a lawsuit for the purpose of resolving the issue to which the other party might respond immediately to save oneself from court proceedings.
Serving of legal notice gives an opportunity to the receiver of the legal notice, that is, the opposite party to resolve the issue cordially.
Validity Of A Legal Notice
A notice cannot be issued for a criminal suit as the criminal action is taken by the state against the offender, so there will be no need for a legal notice in criminal cases.
There is always a possibility of issuing a legal notice against the government when you intend on filing a civil suit against the state.
The notice must be served prior to the suit and only then can you take legal action against the state.
Section 80 of the Code of Civil Procedure,1908 also provides for issuing a legal notice against a public or government officer who infringed the issuing party’s rights during the course of their work.
The provision limits the duration to two months after the incident occurred.
Contents of Legal Notice
A concise statement of the material facts giving rise to the claim; the relief sought by the plaintiff against each named defendant; a concise summary of the legal basis for the relief sought.
The name of the parties: It is mandatory to mention in a legal notice the name and address of the party to whom the notice is to be sent.
Facts and grievances caused: The legal notice consists of the facts and the grievances of the sender of the legal notice in points and paragraphs.
Compensation: After the facts, a certain amount of compensation if any is claimed for the inconvenience caused. Sometimes an alternative mode of redressing the dispute is also mentioned in the notice. It is important to note that the laws under which compensation is claimed are to be mentioned in the notice.
Signature: lastly, in the end, the signature and stamp of the lawyer who is sending the legal notice on behalf of are the clients is to be affixed.
Procedure to Send a Legal Notice
Step 1- The person can draft the notice on its own or can avail of the services of a professional lawyer or advocate.
Step 2- The notice ought to be self-addressed to the person against whom you have grievances.
Step 3- Mention the reasons clearly which compelled you to send the notice.
Step 4- Mention previous communications concerning the cause of the notice.
Step 5- Offer the recipient a reasonable time i.e 30 days or 60 days to settle the matter by negotiating and by performing the desired action.
Step 6- Offer time in the notice for either fulfillment of your demand or providing a reply within a given time.
Step 7- Send it through registered AD post. Keep a duplicate of receipt of the post office likewise as notice.
What To Do After Receiving A Legal Notice?
You can opt to call up the party concerned (who has sent you the notice) to amicably settle the matter and resolve the same in the best interests of time and money.
If you believe that the notice sent or the information in the notice is not accurate, and you need to contest and require legal help, approach a qualified lawyer who can take the necessary actions.
The lawyer will send the reply to the notice via courier or registered post. A copy of the notice sent and received are both retained in the lawyer’s office, along with the acknowledgment receipts for all the communications. Your lawyer will also sometimes communicate with the lawyer of the other party to enable smooth flow and try resolving matters at your end.
The exchange of legal notices usually results in the commencement of litigation between the parties, as the party sending the notice may take recourse to civil/criminal law remedies.
Is serving of Legal Notice mandatory?
As per Section 80 of the Code of Civil Procedure, 1908 it is mandatory to serve a legal notice before the filing of a suit if the opposite party is Government or Public officer.
Essentials of Section 80 of the Code of Civil Procedure, 1908 -
Name, description, and place of residence of the sender of the notice.
Statement of a cause of action.
The relief claimed by the sender of the notice.
Summary of the legal basis for the relief claimed.
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