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How Serious Is A Legal Notice ?

  • Writer: Lead India
    Lead India
  • Aug 25, 2023
  • 4 min read

Situations may arise where a person or an entity would have to take a legal action against an entity or another person. However, it is important for the defender to have the knowledge that you are going to initiate legal proceedings against them, hence for this reason a legal notice is sent to a person or entity.

In India, a legal suit such as divorce proceedings could be initiated by either of the parties as has been provided by the law. Different divorce laws are there for different religions as per their own religion, but, any divorce proceeding in the Court of law will start with sending a legal notice by the advocate. Sending a legal notice is therefore a formal way of communicating to the other party the intent of the sender so as to initiate legal action, or it can also be a warning, at the same time a last chance to reconcile as well.



Legal Notice

A legal notice could be understood as a formal communication to the other party, informing him or her of the intention of the sender to initiate a legal proceeding. Therefore, a Legal Notice can also be called as the formal intimation by one party to the other informing his or her intent to initiate the legal proceedings or it could also be a last attempt to sort the problem amongst the parties themselves. For example, a legal notice for the breach of contract could be formal intimation of either initiating the legal proceedings or to handle the situation as the respective parties have previously decided.

Procedure for legal notice-

The law has established a clear process for delivering legal notices. Following steps should be taken into consideration while sending a legal notice-

  1. The most important step before sending a legal notice is to appoint an experienced lawyer who has good drafting skills as well as technical knowledge related to the field related to your grievance who could help you with the drafting of legal notice -

  • With the advice of the advocate, a legal notice explaining the facts and the issues causing grievance to the sender of the notice has to be drafted.

  • The fact that the legal notice is required to be sent to the other party should be made sure.

  • Also, the language in which the notice has to be sent must be understood by the other party.

  1. When consulting the lawyer, the aggrieved party must ensure that the following details have been provided correctly in a legal notice by an advocate-

  • Names of both the parties

  • Address of both the parties

  • Grievance faced and other related matters

  • Any previous attempts which have been made to reconcile with the other party.

  1. After relevant information has been provided by you, the lawyer appointed will carefully study the case making relevant notes about the information provided to him, he may ask for further information as required, on the basis of which a final draft shall be prepared.

  2. Afterwards a legal notice will be prepared by the advocate in the legal language as per the provisions of the law. A legal notice must contain-

  • Reasons for sending the notice

  • All the previous communications related to the cause of notice

  • A reasonable time period should be provided to the addressee to reply to the notice (from 15-30 days approx.)

  1. The legal notice sent would include the signature of the lawyer sending it. Then, it would be delivered through courier or registered mail, with the recipient keeping a copy of the receipt in case additional legal action is taken.

  2. The party receiving the notice is required to send a reply to the notice either personally or through an experienced lawyer within the time period provided in the notice.

After the reply of the other party is received by the aggrieved party, he/ she can decide to either resolve the matter or to file a petition in the court to seek justice if they are not satisfied with the reply sent.

How could a legal notice be drafted ?

  • A legal notice will be drafted on the letterhead of the lawyer appointed by the aggrieved party.

  • A legal notice must contain the communication details of the sender including name, contact number, address,etc. on whose behalf the notice has been sent.

  • The notice would also include the name and contact details of the advocate sending the notice. The signature and date of signing by the advocate must also be included in the Notice.

  • The notice must also explain as to how the legal rights of the aggrieved party have been infringed.

  • The notice would include specific directions for the opposite party along with the time limit provided for sending the reply.

What does a legal notice contain ?

A legal notice shall include the following-

  • Name, description and address of the sender.

  • Cause of action would be mentioned.

  • Relief claimed by the aggrieved party.

  • Legal basis for the relief so claimed.

Conclusion-

As could be understood from the above discussion, a legal notice conveys the message from the aggrieved party explaining his or her intention to initiate the legal proceedings. A legal notice also includes the grievance suffered by the aggrieved party and compensation which he or she seeks from the receiver of the notice. As can be understood from the above discussed procedure, it is a simple process to send a legal notice, however it is still advised to seek the advice and assistance of an experienced advocate who shall help you draft the notice in a professional manner, as if you later wish to continue the proceedings in the court of law, the legal notice by the advocate help set the pace of your case. Also, it would be helpful to confirm in advance the legal notice charges with the advocate.

Lead India offers you a team of experienced advocates who have been successfully handling cases related to criminal as well as civil suits. In case you wish to talk to a lawyer or seek free legal advice online, you may contact us.


Call Us: +91–8800788535

Email: care@leadindia.law


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