How to Send a Legal Notice in India

Introduction

A legal notice is formal written communication sent by one party to the other party, intimating them about the grievances and further, giving them an opportunity to resolve the issue at hand before taking a legal action. The objective of a legal notice is to inform the recipient about the sender’s legal rights and demands, and gives a chance to both the parties to settle the dispute without the involvement of the court. 

In such a fast-paced world of legal disputes, conflicts may arise between the individuals, businesses, and others. When such conflicts occur, jumping straight into the litigation can be expensive, time-consuming, and emotionally exhausting. Instead, sending a legal notice can be an effective way to amicably resolve the dispute.

Sending a legal notice serves as a pre-litigation step and creates a legal record of your attempt to resolve the issue amicably before resorting to litigation. 

If you are looking for expert guidance, our law firm in Bangalore can assist in drafting and sending legal notices effectively. 

 

What is a Legal Notice?

A legal notice is a formal written communication sent with the intention to initiate legal proceedings against the recipient if the dispute is not resolved. It serves as a warning and a final chance for the recipient to comply with the obligations and duties mentioned. 

While the term ‘legal notice’ is not specifically defined in any single statute, its procedure and significance can be derived from:

• Section 80 of the Civil Procedure Code (CPC), 1908- This section mandates that a legal notice must be served to a government authority or public officer before filing a lawsuit against them. 
• Indian Contract Act, 1872- When there is a breach of contract, legal notices are commonly used to demand performances or compensation. 
• Specific Relief Act, 1963- This act also recognizes the practice of serving legal notices before approaching the court. 

 

Purpose of a Legal Notice

1. To inform the other party about the grievances and legal intention.
2. To offer an opportunity to settle the dispute amicably.
3. To act as a final warning before initiating litigation.
4. To preserve the legal rights and create a record of the sender’s claims. 

 

Difference Between a Legal Notice and Filing a Case.

The following are the differences between the two:

Legal Notice	Filing a Case
A written communication sent to the other party before initiating legal action.	A formal complaint or petition submitted to a court of law.
It serves as a warning and gives a chance to settle.	It seeks direct legal intervention from the court.
There is no involvement of court fees.	It involves payment of court fees.

 

Situations Where a Legal Notice is Required

Legal notices are used in various civil, criminal, and family disputes. Few of the situations include:

• Breach of Contract

If a party violates the terms of a valid contract then the aggrieved party can serve a legal notice demanding performance or compensation. This is often the first step before filing a civil suit for breach of contract or damages. 

• Property Disputes

Legal notices are often sent in property matters like illegal possession or encroachment, partition or ownership disputes, eviction of tenants, or recovery of rent or property dues. Sending a notice can push the opposite party to vacate or settle the matter without going to court. Our civil lawyers handle property disputes and contractual matters efficiently. 

• Consumer Complaints

Consumers often send legal notices to companies or serve providers for defective goods, deficient services, or unfair trade practices. If the company fails to respond or settle, the consumer can then approach the Consumer Commission. 

• Family Disputes

Legal notices are also common in family law issues like divorce proceedings, maintenance and alimony claims, and custody and guardianship disputes. These notices help initiate dialogue before approaching family courts. For family disputes, consult our family lawyers in Bangalore. 

• Employment Disputes

In employment-related matters such as wrongful termination, non-payment of salary or gratuity, or breach of employment agreement. A legal notice acts as a formal demand before filing a complaint or labour dispute claim.

 

Legal Requirements of a Legal Notice

There is no fixed statutory format for legal notices, however, certain essential legal requirements must be met for it to be valid and effective. The following are a few legal requirements that must be ensured by the party sending the legal notice:

1. Must Be in Writing:

A legal notice must be in writing. It must be a formal written document. Oral or verbal communications are not legally enforceable. 

 

2. Clear Stating of the Facts and Claims:

A legal notice must include details of the cause of action, relevant facts and circumstances, legal provisions being invoked, and reliefs or demands being sought by the party. 

 

3. Mentioning of the Timeframe for Compliance or Response:

Generally, 15 to 30 days are provided to the recipient to reply or act. This time period can vary based on the nature of the dispute and the law involved. 

 

Steps to Send a Legal Notice in India

The process of sending a legal notice involves a systematic and careful approach. The following procedure must be followed to ensure a smooth functioning:

Step 1: Identify the Right Party

Before drafting the notice, make sure that you have the correct details of the recipient. The incorrect information can make the notice ineffective. 

Step 2: Draft the Legal Notice

The draft should be precise, factual, and legally sound. It should contain all the details of the sender, date and place of execution, clear statement of facts, legal grounds for claims, and the consequences of failure to respond. The tone of the notice should be professional and the use of aggressive, defamatory, or threatening language must be avoided. 

Step 3: Get a Lawyer to Review-

In case the notice is drafted by you, get it verified by a lawyer to ensure its legal accuracy, compliance with the procedure and strong impact on the recipient. Our law firm in Bangalore specializes in drafting precise legal notices. 

Step 4: Send via Proper Mode

Legal notices must be sent through verifiable and trackable modes such as registered post, speed post, or courier services. Ensure that the envelope is properly addressed and sealed. 

Step 5: Retain Proof

Always preserve proof of sending the notice such as copy of the legal notice, postal or courier recipients, and the acknowledgment card. 

Step 6: Wait for Response

Once the recipient receives the notice, they are generally given 15 to 30 days to respond. If they respond, carefully review their reply with your lawyer before taking the next stap. 

 

Important Tips While Sending a Legal Notice

The following are the important tips to be kept in mind while sending a legal notice:

1. The language of the otice should be professional and precise. One should avoid using emotional or offensive language. 
2. Always stick to the facts and legal issues while avoiding personal attacks or defamaatory remarks. 
3. Include the deadline within which you expect a reply or action.
4. Always mention the consequences of non-compliance.
5. One must verify all the names, dates, amounts, addresses, and legal references before sending. 
6. Always keep a copy of the notice and proof of delivery as these may be required in the court proceedings. 

By following these tips, you can ensure your legal notice is clear, enforceable, and effective.

 

Benefits of Sending a Legal Notice

Sending a legal notice has several legal, strategic, and practical benefits:

1. It provides the recipient a chance to settle the dispute without litigation, saving time and effort.
2. A legal notice serves as a legal proof in the court as it creates a written record that you tried to resolve the issue before coming to the court. 
3. If the other party abides by their duties after receiving the notice, one can easily avoid lengthy legal proceedings and associated expenses. 
4. It shows the opposite party that you are prepared to pursue legal action if needed, which can motivate them to settle quickly. 
5. It also ensures that your claims and rights are formally asserted within limitation periods. 

 

Role of Lawyers in Sending Legal Notices

While anyone can technically draft and send a legal notice, involving a qualified lawyer offers significant advantages:

1. Lawyers ensure that your notice is factually accurate, legally sound, and free from errors. 
2. The lawyers will ensure that all the procedures and substantive legal requirements are being adhered to. 
3. Lawyers can also help with negotiations, mediation, and follow-up legal steps if the matter is not resolved.
4. A legal notice send by a lawyers enhances the impact of the notice, pushing the recipient to respond seriously. 

Our lawyers in Bangalore provide end-to-end legal notice services across civil, criminal, family, and corporate matters. 

 

FAQs About Legal Notices in India

 

Q1. Can I send a legal notice without a lawyer?

Yes, you can draft and send a legal notice yourself. However, getting it drafted or reviewed by a lawyer is advisable for accuracy and to avoid legal loopholes. 

 

Q2. How long is a legal notice valid?

A legal notice itself does not expire, but the claims made in it must be pursued within the limitation period prescribed under law.

 

Q3. Can a legal notice be sent for criminal matters?

Legal notices are primarily used in civil matters. However, in some cases such as a cheque bounce under Section 138 of the Negotiable Instruments Act, sending a legal notice is mandatory prerequisite before filing a criminal complaint. 

 

Q4. What are the types of legal notices?

Common types of legal notices include:

1. Notice for breach of contract
2. Notice for recovery of money
3. Notice for eviction of tenant
4. Notice for divorce or maintenance

 

Conclusion

Sending a lgal notice is a vital step before initiating any legal proceedings in India. It serves as a formal intimation to the opposite party, giving them an opportunity to resolve the dispute amicably and avoid litigation. 

It also acts as an evidence of your attempt to settle the matter outside court and can strenthen your position if the matter proceeds to litigation. By following proper steps and ensuring legal accuracy, you an protect your rights, save time and costs, and increase the chances of an early resolution of your dispute. 

Need to send a legal notice? Contact Prime Legal– one of the best law firms in Bangalore for professional legal support.