In this article, I am going to tell you how to draft a legal notice in India, And I will provide you legal Notice format in PDF and Doc File so you can edit legal notice and able to draft a good legal notice. Although drafting legal notice is not an easy task for this you need to understand the law behind it and learn the format of legal notice drafting.
Why is it necessary to send a legal notice before filing a legal suit?
The legal notice is drafted by a lawyer at the request of the client. Generally, people tend to get confused between a legal notice and a letter. A legal notice is mostly filed to bridge the gap of misunderstanding. Sometimes it is observed that matters are solved before trial that is outside the court only. We all know that India’s Judicial System is very costly so most of the time people try to solve the matter through alternatives such as Arbitration, Mediation, and Negotiation. These alternatives are proposed and settled based on legal notice only.
There are numerous reasons for which you can send a legal notice to a person or an entity. However, the most common ones are:
- Disputes related to property such as mortgage, delayed possession delivery by the builder, eviction of the tenant, the partition of family property, etc.
- Notice to the employer for wrongful termination, unpaid salary, violation of any right of the employee by the employer, etc.
- Notice to the employee for violation of the HR policies, sexual harassment act at the workplace, leaving the job without handing over the resignation letter, violation of any provision of the employment agreement, etc.
- Notice to a company manufacturing or providing service of faulty products, faulty services, false advertisement, etc.
- Notice in the case of cheque bounce to the issuer of the cheque.
- Notice in case of personal conflicts such as divorce, maintenance, child custody, etc.
3. Important Information for a Legal Notice
The legal notice is the first step towards a Legal action and it is important that it is in proper format mentioning all the essential information before it is being sent to the addressee.
1. Basic Information: The name, address and description of the Sender is properly and clearly mentioned in the notice.
2. Statements for Cause of Action: The matter in the notice is generally in paragraphs and in each paragraph statements supporting the cause of action are being provided. This also includes the essential facts of the issue and grievances the Sender had against the addressee. Previous communication is also mentioned.
3. Relief Sought: The ending paragraph should have a detailed explanation of the relief which is sought by the Sender giving a proper rationale.
Contents of the Format of Legal Notice
The contents of a legal notice can be summarised as:
- Name, residential address, and description of the Sender;
- Name and address of the Addressee;
- Material fact, Cause of Action, and Summary of the Fact;
- Summary of Relief Sought;
- Reasonable Time to File Reply of the Notice;
- Signature of the Lawyer;
- Signature of the Client.
Modes of Sending a Legal Notice in India
In India, the different ways of sending a Notice are as follows:
- Registered Post;
- Speed Post;
- Hand Delivery;
5. How to reply to a Legal Notice?
When you receive a legal notice, you need to reply to it in the given period. Not replying in the given period can be helpful for the addressee. You need to keep several things in mind while receiving a legal notice:
1) Once you receive a legal notice, you need to read it carefully to understand the issue rose. If the issue is not fully understood, the help of a legal expert should be taken.
2) If you have decided that you need to settle this in court you need to brief your side of the facts and concerns to the lawyer.
3) Finally, you need to draft and reply to the sender via post or courier.