How To Send A Legal Notice In India

Published on 26 Jun 2018 by Shivi

When you wish to initiate any kind of legal action against a person or a company, the first step is to inform the other side about your problem, the damages you’ve suffered from and the action you expect from the other person. This first step comprises of sending a legal notice to the person or company.

What Is A Legal Notice?

A legal notice is a formal communication or legal intimation to the person whose actions have caused some form of harm or damage to you, and this action can lead to a legal suit in the court. It is a legal document, drafted by a lawyer in India, indicating that if your claim is not fulfilled, you will initiate a legal action against the person or company.

Legal Notice Format In India

A legal notice is sent by a person who has suffered any loss or damage because of the receiver of such legal notice. The basic contents of a legal notice in India are:

  1. The details of both the parties, like name, address, contact information.
  2. The problem faced or loss suffered by the sender of legal notice.
  3. The remedy sought from the other person to resolve the problem or cover the loss.
  4. The action or inaction of the receiver upon intimation of problem.
  5. Further remedy sought by the sender of legal notice.
  6. The legal action that will be taken in case the remedy is not provided by the receiver.

A legal notice is always drafted by an advocate in India, on the lawyer’s letterhead.

Who Can Send A Legal Notice In India?

Any individual, business or any other legal entity, whose legal rights are violated by the act of someone, can send a legal notice online or physically to the person who violated such legal rights. Generally, anyone who is considered as a person under the law can send a legal notice in India. The legal definition of a person comprises of:

  1. Any Individual,
  2. A Hindu Undivided Family(HUF),
  3. A Company,
  4. A Firm,
  5. An Association of Persons (AOP) or a Body of Individuals (BOI), whether incorporated or not,
  6. A Local Authority, and
  7. Artificial juridical persons

When Can You Send A Legal Notice?

A legal notice is sent when some legal rights of a person are violated. A person can send a legal notice to a company or person in India in the following cases:

  1. In Property matters like notice to builder for delay in property possession, eviction notice, partition of ancestral property notice, payment of mortgage notice, etc.
  2. In a consumer complaint, when the person wants to send a legal notice to a company when he/she receives a faulty product, deficient services or wants to file a complaint against misleading advertisements.
  3. In Employment matters like non-payment of salary notice, notice against illegal termination, notice in sexual harassment at workplace matter, notice against violation of employment agreement, etc.

READ: Important Clauses Of An Employment Agreement In India

  1. In a cheque bounce case, when the receiver wants to send a cheque bounce legal notice to the issuer.

How to Send a Legal Notice in India

The first step is to consult a good attorney in India and understand the right legal remedy for the grievance faced. A legal notice can be sent only in cases allowed under the law and must be sent by a qualified lawyer. The legal notice must be drafted in a language easily comprehended by the receiver.

The next step is to draft a legal notice that explains the entire matter to the receiver in the most concise manner. The lawyer sending the legal notice must note down the requisite details relating to personal information of sender and receiver, the problem faced, the time when the grievance arose, the previous communications between the sender and receiver, and all the documents that support the sender’s claim.

Once the necessary details are collected, the lawyer drafts a legal notice. The notice must be written in a language comprehended both the sender and receiver. The legal notice must lay down even the smallest details of the reason why the notice was sent, and the action sought.

A legal notice is sent to a person or company to inform them about the legal damages, as well as to give them sufficient time to act upon it. Thus, the legal notice must lay down a time period during the which the receiver can rectify the problem or send a reply to the legal notice.

READ: How To Send A Reply To A Legal Notice

A legal notice is like a building block of a legal action that can be initiated by a person against someone who causes any kind of loss or damages to them. Legal notice serves as a tool to make the person aware of his ill-actions and to trigger a legal action against them.

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