How To Write A Legal Notice in India?

Any legal proceedings or actions can be done once the notice has been sent to the opposite party and they have successfully received it.

 What is a Legal Notice?

• It is a legal instrument through which one can legally bring a matter to a court of law. The intimation sent before starting any court proceeding is called a legal notice. Knowing how to send a legal notice is very crucial.
• It is a kind of formal communication between two parties where it is beneficial to know how to send a Legal Notice for settlement.
• It is helpful to make the opposite party aware of any information, grievance, or solution. A lot of times, the legal notice resolves matters at once, and thus it becomes vital to understand how to send a legal notice as the court cases that are filed or started between the two parties involved discuss and arrive at a neutral stage without any court proceedings.
• If by any chance, the opposite party is still not cooperating, court cases shall begin as per the prescribed duration and waiting time of the law.
• Maintaining a neutral point of view is necessary to resolve matters and arrive at peace with the two parties.
• This helps the people to save their effort, time, and, lastly, money because that is used for most court cases after document verification.

People Also Read: Types of Legal Notices

Key informations

As per Section 80 of the Code of Civil Procedures, 1908, a legal notice is used only for civil cases, and this is why the sender must know how to send a legal notice. The information and structure include the following:

• The statement and data should be correct and precise that only relates to the grievance that needs action to be taken.
• Any alternative or mutual decision or reliefs that are being sought by the party in a grievance.
• A proper discussion summary or disclosure of facts.
• Ways that it can be settled and solved without a court proceeding.

There must be complete and clear disclosure about the grievance that the party is facing, and the options to resolve it or settle this without much hassle are to be mentioned. The person sending the notice must be aware of how to send a legal notice to take accurate actions. The last part must have a detailed version of how it can be solved, and relief can be gained as per the mutual decision of both parties.

The legal notice acts as a medium of resolving grave issues also, so it is crucial to first understand how to draft a Legal notice and then how to send a legal notice. If both parties agree to compromise and settle it outside the court, a way can be found and used accordingly. The key points that a legal notice must have:

• The names A guide to property distribution law in India.
• Details required information.
• Any Description that might be needed.
• The Notice sender’s address or any place of residence.
• Any effect or cause that is to be discussed is mentioned.
• Relief of any kind, if found suitable by the sender, should be stated.
• The law provisions under which the relief can be claimed.

Method of Sending a Legal Notice

• It is an intimation of legal value as well as a document that can be used to take legal action. It is of utmost importance that the sender knows how to send a legal notice and how to draft it.
• It should be precise and consistent in the flow, with definite language and reduced jargon. It is very important to get the necessary document verification done by a legal expert or professional to ensure it is accurate.
• It is advised to take legal consultation before starting to learn how to send a legal notice so that every aspect can be used properly.

The process:

• Firstly, one must draft a legal notice stating every issue, solution, and any other information that might be helpful in resolving matters. A time frame should be provided. For example, a month or three months. (30 to 90 days or so) and the sender should be completely aware of how to send a legal notice.
• It should be then checked and delivered by someone who knows how to send a legal notice, as every document is important in such matters. A legal consultation may be taken before finally mailing it through a registered AD post or courier.
• The receipt of the sent copy should be saved and kept safe because it may be used at any court proceedings.
• Before filing or proceeding with any court case, the time frame that has been provided shall pass and must be waited on.
• The opposite party has a stipulation to comply with, and they should come forward before it ends to solve the issues at hand.
• They can choose to have an out-of-court settlement or go forward with the court proceeding; this step is why the  notice must be drafted carefully, and the sender should know how to send a notice.

The opposite party is at a big disadvantage if they do not reply or send no proper reply. It becomes their dispute for any court proceedings. The sender should disclose every grievance that may give the opposition a chance to redress it. A legal notice is a critical factor, and the sender should be sure of how to send a legal notice before taking further action. It can be sent personally or officially.

Conclusion

One must consult a lawyer to know how to draft a legal notice. There are different kinds of formats of legal notice for different occasions. More or less the structure stays the same and key factors do not change at all.