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How to Send a Legal Notice in India?

Legal Notice is a warning before the matter is dragged to court. So, when a person sends a Legal Notice in India, the first step is to consult a lawyer, on whose letterhead the legal notice gets prepared as per the legal notice format in India.
Written by:
Prachi Darji
Published on
12-Sep-19

There are several instances when you have to take legal action against a person or company for cases such as a property dispute, consumer grievance, cheque bounce, divorce, eviction, and many more! However, you are required to send a legal notice to that person or company that you are planning to initiate legal action against them.

Read on to understand how to give legal notice in India and how to compose a legal notice, reply format, and more.

What is a Legal Notice?

A legal notice is a written document sent to someone whether it is a person, company or any other entity, to inform them that you have faced some grievance and plan to take legal action against them. It is the very first step of any legal proceeding as it forewarns a person about the conditions that the he/she receiving the notice needs to follow, otherwise legal action may be taken against him.

How to draft and send Legal Notice to a Person/Company in India?

Drafting of legal notice requires the help of top civil lawyers. An experienced lawyer will be able to include all the relevant information in your legal notice as he/she is well aware of how to draft legal notices[1].

A well-drafted legal notice forces the receiver to oblige to the terms and conditions, eliminating the need to file a lawsuit. The following points should be there while preparing a proper legal notice format. Indian advocates should be your preference in this case. The points are as follows:

  • A compact statement of all the requisite facts that led to your grievance and claim
  • The exact action and relief sought from the person or company to whom you want to send a legal notice
  • The laws under which you can seek relief or take a needful action from the receiver

 

Legal notice must be drafted with utmost care to include the above-mentioned points to avail the quickest remedy and avoid taking the matter to  court. A legal notice draft will eliminate the chances of it being challenged or quashed in court. Once you send a legal notice, you cannot make any changes to it and cannot defend or negate anything mentioned in it.

The important steps that one has to follow while they send legal notice to a person or company are:

  • You must hire famous civil lawyers with good drafting skills to write a legal notice on your behalf. You need to draft the legal notice in a language understood by the receiver. Also, it must address the person or company who has caused you grievance.
  • You must provide all the necessary details relating to the names of the people involved. From their address, contact information, grievance caused and the date and time when it was caused. Also, mention the previous attempts of contacting the person or company for resolving the dispute. And any document or evidence in relation with the grievance.
  • Good civil lawyers will note all the details, collect the documents you provide and create a timeline to draft a legal notice.
  • The lawyer then drafts a legal notice in a language that both the sender and receiver understands. He/She mentions the reason for sending legal notice either physically or via online. Indian law stipulates that the conditions have to be followed within a reasonable period of time i.e; 30-60 days.
  • The legal notice is drafted on the lawyer’s letterhead, signed by the civil lawyer who has drafted the legal notice and you before it is sent to the person or company.
  • Later, you can send the legal notice via mail or post - speed post or registered post.

In most cases, it is found that a legal notice prompts a person or company to take immediate action. That too within the time limit provided, without the necessity to take the matter to court. You have to follow all these steps for sending a legal notice for divorce, partition of property, or cheque bounce as well.

Who can send a Legal Notice?

Any person who causes an infringement of any legal right of another, then one can send legal notice online or physically to the person or company infringing the legal right. In simple words, any person who has faced some legal issue can send a legal notice through an advocate.

When can you send a Legal Notice to a Person/Company in India?

There are numerous reasons for which you may require to send a legal notice to a person or company in India. The most common reason for which you can send a legal notice to a company/person in India are:

  • Property disputes such as unpaid mortgage, delay in possession delivery by the builder, eviction notice to the tenant, family property partition, etc.
  • Legal notice to the employer for unpaid salary, wrongful termination, violation of company’s HR policies by the employer, lack of action from the employer in case of sexual harassment at the workplace, or any such employment-related issue.
  • Legal notice to employee for leaving the job without resignation notice, violation of the company’s HR policies, any act of sexual harassment at workplace, violation of employment agreement, etc.
  • Notice to a company which is a manufacturer or service provider for a faulty product, faulty services, false advertisement, etc.
  • Notice to the issuer of cheque in a cheque bounce case.
  • Personal conflicts arising out of marital discord such as legal notice for divorce, maintenance, child custody, etc.

Received a Legal Notice? Here’s How to Draft Reply to a Legal Notice

Received a legal notice and you do not agree with the terms and conditions mentioned in it? Then, you can consult a lawyer who will draft and send a reply to the legal notice. While sending a reply to legal notice, format remains similar as elaborated in the drafting process. 

Generally, the time limit to the reply of legal notice is 15-30 days. This depends on the subject matter of the legal dispute. The best civil lawyers in India will prepare a reply to your legal notice in the form of a counter-notice. Then you can send it to the person or company that has sent you the legal notice.

Who can help you in getting touch with a good lawyer?

MyAdvo acts as the client's legal concierge providing technology solutions for lawyer discovery, price discovery and case updates. We at MyAdvo make you understand about the legal situation and equip you with all case requirements, Such that for any query regarding legal notice India, or any other legal matter, you are well-covered.

Our dedicated team strives to connect you with the best experts in legal matters from its wide base of 10,000+ lawyers. We help you to do everything that it takes to make better-informed decisions. All you have to do is send a mail to us at consult@myadvo.in or call us at +91-9811782573.

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[1]Format to draft legal notices as prescribed by the Indian National Bar Association.