Legal Notice

SUBMITTED BY:
AMIT GROVER
BBA L.LB(H)
SECTION B
A3221515130
 INTRODUCTION

All legal action can only be taken once notice has been served upon the entity or
individual you wish to take to court. It is only this process that legalises bringing a
matter to court. The intimation sent is known as a legal notice.

A legal notice is, therefore, a formal communication to a person or an entity,

informing the other party of your intention to undertake legal proceedings against
them.

This notice, when sent, conveys your intention prior to the legal proceedings and
thus, makes the party aware of your grievance. Many a times, a legal notice served
will bring the other party on heels, and the problem can get resolved out of court
too, with fruitful discussions on both sides.

And, if the other party is still not heeding to the grievance, one can always start the
court proceedings after a particular interval, as stated by the law.

Although a legal notice can service as a purpose of negotiations between the

parties and save time, effort and money that are usually spent in court cases.
 Essential Information
A legal notice is filed as per Section 80 of Code of Civil Procedure, 1908 and is
only filed in civil cases. A legal notice is an intimation and thus carries the
following information:

1. Precise statement and facts relating to the grievance for which the action is to be
taken.

2. Alternatives/relief sought by the grieving party.

3. How are the relief/problem in hand be solved, a summary of facts and the way it
can be solved.

A complete brief of the problems that the aggrieved party is facing, combined with
what can be done to resolve the issue need to be clearly mentioned. The last past of
the Legal notice should contain a detailed account of how relief can be
obtained/problem solved, if mutually agreed upon the grievance.

A perfectly crafted legal notice, can act as a mediator between the two parties and
help solve the issue out of the court, if both of them are willing to compromise on
the issue.
 Filing a Legal Notice
A legal notice, although a simple document, requires precision and accuracy and
use of definite language to ensure the message sent across is correct. A legal expert
or an agent can help in putting forth the legal notice as per law and wording it as
required for the particular issue.

1. The first step is to draft a legal notice, with the issue, the relief sought and a
definite time frame (say, 30 to 60 days) to solve the issue, is to be addressed to the
other party, and sent through a registered AD post.

2. After sending the notice, save the copy of the receipt sent. This may come in
handy in case of filing for the court case.

3. Wait for a given period, before the filing of the court case.

4. Now, the person or entity on whom the legal notice is addressed will have the
above mentioned days to revert back with the notice or agree for out of the court
settlement.

Although the other party may or may not reply to the legal notice, it is essential for
a person on whom the legal notice is addressed to send a reply within the stipulated
time. If not replied to a notice, one may be at a disadvantage of not following the
law, and thus, may give the other party undue advantage while appearing in the
court.

A legal notice can be sent personally too. One can draft a legal notice, and
authorize it before sending it to the other party. However, since wording a legal
notice is extremely important if the case reaches the court, and citing of aw under
which you have raised the claim is essential, having an expert in law to make the
copies of the legal notice will work to your advantage.

The same applies to replying to a legal notice too, since here too, one may not
know the appropriate law to be used, to revert to the claims demanded by the other
party.

Who Can Serve a Legal Notice?

There are various types of legal notices and anybody, if he has gone through the
right legal procedures, has the right to issue a legal notice.
There are legal procedures to be adhered to when serving a legal notice and any
complainant who fails to follow those procedures does so at his own peril.
After a petition has been filed, the court issues an order to serve legal notice if the
court finds the petition reasonable.

When is a legal notice said to be properly served?

After having gone through the necessary court procedures to obtain a legal notice
permit, the notice you serve the defendant with must contain all the complaints,
accusations or charges that have been filed at the court and this legal notice must
be personally served to the accused.
In other words, the legal notice must be directly handed over to the accused and
not to another person (a friend, relative or middleman).

What if a Legal Notice is not served or is improperly served?

Notice is a fundamental element of court proceedings. By law, all the parties (the
court, defendant and petitioner) should be reliably informed about all the relevant
facts pertaining to the case.
 The legal notice is necessary to allow the defendant prepare properly for the court
hearing. Such preparations involve the hiring of lawyers and compilation of legal
documents etc. Until the law court is satisfied that all parties have received
adequate and proper notice so that they may take the necessary actions to protect
their rights, the court will not proceed with your case.
If notices are improperly served, it may result in one or more of the following:

 A delay in the case.

 An already passed court order in your favour may be overturned, revoked or
declared invalid.
 Additional costs or court charges may be incurred.
 You may be asked to re-publish or re-serve the notice.

What if the defendant(s) cannot be reached?

There are instances where the defendant/accused cannot be reached by the
petitioner due to a change of address or other reasons. However, that does not
nullify the need to serve a notice.
You will be required to serve a notice by publication. A notice by publication
refers to running a legal advertisement through the newspapers or any other
appropriate means.
However, a notice by publication is not a first choice option and will not be
granted unless the petitioner can provide satisfactory proof to the court that he has
taken all the proper and reasonable steps to locate and personally serve the
defendant with the notice but all to no avail.
 DRAFT OF A LEGAL NOTICE

ADVOCATE NAME                                                                               OFFICE

ADDRESS
DESIGNATION                                                                                      __________
___
CONTACT NO.    
__________________________________________________________________

Ref. No.________                                                                                          Dated:

________

 REGISTERED A.D.

To,

1- _______________

2- _______________
SUBJECT:  LEGAL NOTICE UNDER SECTION ____OF _____ ACT, _____.

Dear Sirs,

 Under instruction and on behalf of our client _______ son of _______, resident of
_______, I do hereby serve upon you with the following notice under section ___
of the _______ Act
1- That my client ______________.
2- That since ______________.
3- That on ______________.
4- That my client filed a Demand Notice ______________.

I therefore through this Notice call upon you ______________.

A copy of this legal notice is retained in my office for further necessary action.      
      

ADVOCATE NAME
 LEGAL NOTICE FOR RENT AGREEMENT

_____, ADVOCATE, Seat No. __, _____

OFFICE: _____________
Contact: ______________, Email:_________________

Ref. No……..

Dated:___________

REGISTERED A.D./UPC
LEGAL NOTICE

To,

______ Son of _____

Resident of ______________

Sir,

Having instructions from and on behalf of my client _____ son of _____R/o

_____, I do hereby serve you with the following legal notice: –
1-    That my client is owner in possession of _____.
2-    That my client let out the said shop/house to you in the month of
_____, _____on a monthly rent of _____/- per month plus _____/- per
month as maintenance charges exclusive of electricity charges. You and
my client entered into Rent Agreement on _____ for the period of _____
months in writing to this effect.
3-    That it was also settled between you and my client that in case the you
would fail to pay the monthly rent consecutively for the period of one month
to my client, then my client shall be entitled to get vacated the rented
premises immediately from you and you would handover the actual vacant
physical possession of the rented premises to my said client.
4-    That you have paid the rent of the rented premises to my said client
upto the _____ and thereafter you have not paid single penny to my said
client till date. Thus you have not paid the rent for the months of _____ to
my said client intentionally and deliberately.  The security amount of
_____/-, which was deposited by you, have already been adjusted in the
rent.
5-    That my client demanded the arrears of rent @ _____/- per month for
the months of _____ amounting to _____/- plus maintenance charges for
_____ months.
6-    That as per the terms and conditions of the Rent Agreement, the said
Rent Agreement was executed for the period of only _____ month i.e. up to
_____ and the period of tenancy has already been completed, therefore,
the Rent Agreement dated _____ has been expired for all effects. Now my
client is not interested to keep you as tenant in the said premises further
more and wants to get vacated the said premises from you immediately.

I, therefore, through this legal Notice call upon you to pay the arrears of
rent amounting to _____/- plus maintenance charges along with interest
and vacate the said premises of my client immediately, within the period of
_____ days from the date of receipt of this legal notice, failing which my
client has given me clear instructions to file legal proceedings against you
in the competent court of law as well as before the other authorities in that
event you shall be fully responsible for all costs, risks and responsibilities
which you please note well .

A copy of this legal notice is retained in my office for record and further
necessary action.

_____, Advocate, _____