How to Draft a Legal Notice in India

The start of legal proceedings in a civil suit begins much before the filing of the plaint since the first and foremost essential step taken by the aggrieved party is to issue a legal notice to the respondent party and it is only when the requirements as contained in the legal notice are not complied or refused to adhere by the respondent party only then the process of litigation commences. 

It is the primary method of communicating the grievance or the dispute between the parties and it is an attempt made by the aggrieved party in intimidating the opposite party of the dispute. As the whole process is initiated with the issue of the legal notice, it is important to understand that the document be drafted accurately and adhering to the acceptable format. You can always consult our Law Firm for any kind of assistance in drafting a legal notice. 

What is a Legal notice

A legal notice is a legal document issued by one party to intimidate the other(s) the threat of legal action. It is a legal document that elucidates the brief summary of facts that resulted in the grievance, the issue at hand that should be settled and also the intimation of the threat of legal action in case if the demands are not by the opposite party. 

This provides the respondent party an opportunity to fulfill the requirements of the plaintiff before the arduous process of litigation starts. A legal notice is a critical step in settling disputes between parties particularly in matrimonial disputes, land disputes and other civil matters, contract matters, disputes in consumer matters, non-payment of legally enforceable debt and many more. 

This is legally recognised before the court and thereby a copy of notice is an important legal document that is affixed along with the others in the List of Documents that is submitted by the plaintiff.  To know more about legal notice do check our guide on How to Send a Legal Notice in India.

Who Can Draft a Legal Notice in India?

It is important to note that the aggrieved party will issue the legal notice upon the opposite party and the same can be drafted by the particular individual or by way of his advocate or authorised representative. Though the party can draft the notice in his individual capacity it is advised and preferred the same by his advocate since it would be drafted more precisely following the right sequence of facts, the issues at hand, the inclusion of the applicable laws and the intimation of legal action in case if the requirements are not met. 

The accuracy of the legal notice is of utmost necessity as it is further submitted with the other legal documents and in this case the same should be drafted by an advocate who is better efficient and capable rather than the individual himself. You can always consult our best civil lawyers for legal notice drafting.

Essential Elements of a Legal Notice

Details of the Sender and the Recipient:

It is important to note that the notice should contain the full name, identity, address and contact details of the sender and the recipient. The details should essentially be given without any kind of error for maintaining the credibility of the notice 

Facts and Cause of Action: 

The notice should brief the facts of the case that resulted in the cause of action in a proper sequence. The notice is also the sender’s version of the facts of the case. It should also specify the details of the legal relation between the parties that stands as the base for the whole cause of action.

Legal Provisions:

The notice should set out the relevant legal provisions that accrue for the particular cause of action. In case if the requirements put forth by the aggrieved party are not met then it will also specify the legal provisions in which suit shall be filed by the aggrieved party. 

Relief Sought:

The notice should specify the relief/ demand sought by the sender in detail. It should not be mentioned in a vague but in a precise manner.

Time Limit to Respond:

The notice should also specify the time limit within which the opposite party can respond as well. By this, the opposite party is afforded with an opportunity to fulfill the demands within the time prescribed. 

In a general case, the time limit is fourteen days from the date of receipt of notice by the recipient. If not fulfilled within this time limit, then the aggrieved party can commence legal action against the opposite party.

Step-by-Step Guide: How to Draft a Legal Notice

Step 1: Identify the Legal Issue

The first and foremost step is to identify the legal issue that arises in the particular case.  Based on the facts of the case, the legal issues should be identified and framed accordingly and this sets out the basic framework of the notice as well.     

Step 2: Gather Supporting Documents

Upon identifying the legal issue then the requisite documents and evidence  should be collected that substantiate the summary of facts. These documents supplement the notice and make it authentic. Upon collection of the documents, the same should be verified as well for drafting the notice.  

Step 3: Apply Relevant Laws 

The next step is the application of the relevant laws with regard to the case at hand. For instance if the issue at hand is the nonpayment of the legally enforceable debt by way of dishonour of a cheque then the applicable law will be Negotiable Instruments Act, 1881.   

Step 4: Draft the Notice Clearly and Professionally

Upon acquiring all the relevant information and documents, then the crucial step is the drafting of the notice accurately following the right format. The notice should be drafted professionally in a structured sequence with all the necessary details. 

Step 5: Legal Review Before Sending

Before the issuance of the notice upon the recipient, it is important to note that the notice should be proofread as well to avoid any kind of inconsistencies and errors. 

To have a better understanding of the types of legal notice, do visit our guide on  Types of Legal Notices in India.

Legal Notice Drafting Format (Overview)

• Heading: The heading of the document shall be titled as Legal Notice

• To and From Address: The details and description of the sender and recipient should be given as well.

• Subject of the notice: The subject is basically the purpose for which the notice is issued upon the recipient. 

• Body of the notice: This should set forth the facts and details of the case. The summary of facts that gives a picture of the sender’s version of the case.

• Legal Demand: The specific requirements of the sender should be mentioned which he demands the recipient to fulfil.

• Time Limit: It should also specify the time limit within which the requirements should be felt and the failure to do the same initiates legal action against the recipient.  

• Signature and date: The foot of the notice should include the signature of the sender and the date of issue as well.

Common Mistakes to Avoid While Drafting a Legal Notice

• Use of emotional or threatening language: The notice should be formally drafted and should avoid the use of an emotional or threatening tone of language.

• Incorrect legal provisions: It should be drafted accurately and thereby the notice should not contain incorrect legal provisions that would tarnish the credibility of the notice.

• Missing Deadlines: It is important to note that the notice should be issued within a reasonable time frame. That is the sender cannot after a prolonged delay then issue the notice in which case it would be a stale claim. 

• Drafting without legal advice: For the notice to be authentic and credible and for the inclusion of the relevant facts and legal provisions it essentially should be drafted by an advocate and in any other case the chances of errors are very high.         

For any kind of assistance in drafting a legal notice, do consult our top advocate for legal assistance.   

When Should You Send the Drafted Legal Notice?

The legal notice is sent in case of civil, commercial, matrimonial, cheque dishonour cases as the start of proceedings.The important point to be noted here is that the notice should be sent only upon legal verification.

The notice should be proofread properly to ensure that the notice is accurate and contains all the relevant information.

Further it should also be sent to the recipient via a proper mode that is the notice should be served upon the recipient. This is important since the time limit for compliance is fourteen days from the date of receipt of notice.

To know more about the procedure in sending legal notice do check our guide on How to Send a Legal Notice in India.

FAQs: How to Draft a Legal Notice

1. Can I draft a legal notice without a lawyer?

Yes a legal notice can be sent without a lawyer however it is the least preferred way of drafting notice. For adhering to the legal requirements, it is important that the notice be drafted by using the assistance of the lawyer.

2. How long is a legal notice valid?

There is no specific time limit within which the notice is valid. It varies from case to case. In general the time limit for which the notice is valid varies from 15 to 30 days.

3. Is email a valid mode for legal notice?

Yes, a legal notice can be served upon the recipient via email as well. This is considered as valid as electronic documents are also accepted as legal documents under the Indian law.    

4. Can a legal notice be sent for criminal matters?

No, legal notice is not issued for criminal matters except for the dishonour of cheques under the Negotiable Instruments Act. Legal notice in general is sent in civil disputes and in criminal matters it is the state that initiates the prosecution.

Conclusion

It could be concluded that the legal notice should be drafted with precision complying with all the legal requirements and should contain all the necessary information in a structured format. A dispute starts much before the court proceedings as the issuance of notice and its service upon the recipient starts the process. It is important that the same be done without any errors as that will reduce the credibility of the case as well.   

For professionally drafted legal notices, consult the best law firm in Bangalore to protect your legal rights effectively.