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Send/ Reply Legal Notice- Anywhere And Anytime In India

  • Writer: Lead India
    Lead India
  • Aug 10, 2023
  • 4 min read

There may occur several situations where a person or an entity needs to take a legal action against an entity or another person. However, in any situation it is important for the other person to be informed that you are going to initiate a legal action against them, hence for this reason a legal notice is sent to a person or entity.

According to Indian law, divorce can be requested by any party. Different divorce laws have been provided by the law for different religions in accordance with their own religion. However, any divorce proceeding in the Court of law would start with sending the Notice for Divorce. The formal method of notifying the other party of one's intention to divorce is by sending them a legal notice. It can also serve as a warning and last-ditch attempt at reconciliation.



Legal Notice-

A legal notice is a formal communication to the other party in a case, informing him/ her of the intention of the sender to initiate a legal proceeding. Therefore, a legal notice might alternatively be described as a formal notification to the other party by one party of the other's desire to begin legal actions.

Procedure- A well established procedure has been provided under the law to send a legal notice. 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-

  • A legal notice detailing the facts and the problems that the sender of the notice has should be drafted with the advocate's help.

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

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

  1. While consulting the lawyer, the aggrieved should ensure that the following details have been provided correctly-

  • Names of both the parties

  • Address of both the parties

  • Grievance faced and other related matters

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

  1. After relevant information has been given, the lawyer appointed would carefully study the case making relevant notes regarding the information provided to him, he may ask for further information as required, based on which a final draft is prepared.

  2. Afterwards the legal notice is prepared by the advocate in the legal language as per the provisions of the law. A legal notice shall contain-

  • Reasons behind 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 was a legal notice drafted ?

  • A legal notice is drafted on the letterhead of a lawyer appointed by the aggrieved party.

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

  • The advocate's name and contact information would also be included in the notice. The signature and date of signing by the advocate would also be included in the Notice.

  • The notice shall 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 for the reply.

What does a legal notice contain ?

A legal notice would 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 is the message from the aggrieved party explaining his/her intention to initiate the legal proceedings. A legal notice also includes the grievance suffered by the aggrieved party and compensation he/she seeks from the receiver of the notice. Sending a legal notice is a simple process, which could be initiated from anywhere and sent to the party who is not in the same place as the aggrieved party.However, it is still advisable to seek the guidance and support of an expert advocate who could aid you in crafting the notice with professional legal knowledge, since the notice would help determine the pace of your case in the event that you decide to pursue the proceedings in court.

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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