how to send a legal notice without a lawyer in india

by Dalton Reichert Sr. 9 min read

Who can issue Legal Notice in India Legal Notice can be issued by a consumer himself. later if clients wills then legal notice can be issued through Advocate. So in the starting any consumer or person or individual can draft the legal notice or you can say a letter of the notice for your issues.

A legal notice could be sent through a Registered A.D. or through a courier. There is no specific procedure to issue a legal notice. The notice can also be personally tendered to the opposite party, as long as the opposite party is willing to receive it and sign an acknowledgment of its receipt.Jun 2, 2018

Full Answer

How to send a legal notice in India?

A Legal Notice can be sent in any of the Indian languages but usually English is a preferred choice. The Notice should address the opposite party against whom you want to file a complaint or suit.

Can I send a legal notice without a lawyer?

Yes, you can send a legal notice without a lawyer but there are some legal technicalities which a legal expert can understand and use. In simple words, once a legal notice is served, you cannot deviate from the contents of the legal notice in the court.

What is the procedure to issue a legal notice?

There is no specific procedure to issue a legal notice. The notice can also be personally tendered to the opposite party, as long as the opposite party is willing to receive it and sign an acknowledgment of its receipt. There is no compulsion to send a legal notice only through a Registered A.D. or through a courier.

How to write a legal notice to an advocate?

The legal notice must be drafted in the letterhead of an Advocate which is to be specific and proper; it should contain addresses and contact details of the advocate. The date on which the legal notice is issued and the name, address and contact details of the person to whom the legal notice is issued is to be stated.

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How do I give a legal notice without a lawyer?

Legal notice to the employer can be sent through the Registered post, E-Mail, Whatsapp or Courier. Can I send legal notice without a lawyer? Yes! You can send a legal notice without a Lawyer, but it is advisable to hire a lawyer as professional writing skills and legal language makes a Notice very effective.

Can a private person send a legal notice?

Yes, an individual can sign a legal notice as there is no bar against it.

How do I give someone a legal notice?

A legal notice format must contain the following points:Name and required information.Description.Place of residence of the notice sender.Aspects of the effect.The monetary relief claimed by the sender of the notice.The gist of the legal basis for the relief claimed.

What is the cost of sending legal notice in India?

A.It depends from person to person. The general range is Rs. 1200 to 1Lac.

Is legal notice serious?

Legal notice has got a very important role to play in legal matters and hence this shall never be taken easily nor one shall avoid its acceptance as no purpose is served negating the acceptance and infact non-acceptance only gives the point to other party stating the bad intention about You.

Can we send legal notice by WhatsApp?

The Supreme Court in July last year had agreed in principle that serving notices and summons on persons through instant messaging services such as WhatsApp and Telegram, in addition to emails, would be legally valid.

What is the charge of legal notice?

The advocate's fee to draft a Legal Notice can be as low as Rs. 1000 and can even run into several lakhs depending upon the complexity involved in the matter.

Can a legal notice be sent by email in India?

Key Highlights. New Delhi: In a move which will revolutionise the legal system in India, the Supreme Court has allowed serving of summons and legal notices through WhatsApp, Telegram and Email.

Can I send a legal notice online?

It must be signed by the lawyer and the person sending the legal notice or payee. Legal notice must be sent by post or in person or through online mode.

How many types of legal notices are there?

There are three kinds of notice.

How do I issue legal notice in India?

A legal notice format must contain the following points:Name and required information.Description.Place of residence of the notice sender.Aspects of the effect.The form of relief claimed by the sender of the notice.The gist of the legal basis for the relief claimed.

How do I give a legal notice to my wife?

Since there is no fixed procedure to send a legal notice for divorce, it can be sent either through registered post or can be personally tendered to the husband/wife. Either of the spouses is expected to acknowledge the receipt of the legal divorce notice.

When to send a Legal Notice?

A legal notice is generally issued by an advocate appointed by the victim, on behalf of his/her client for the purpose of soliciting a settlement....

What Should You Do After Receiving A Legal Notice?

It is advisable to reply to notice within the stipulated time as not replying to the notice can benefit the Addressee.

What Happens If Someone Doesn't Respond To A Legal Notice?

If one doesn't respond to the legal notice within the stipulated period of time, then eventually the aggrieved party will file a suit in the approp...

How Online Legal India will help me?

Team of advocates will help you to send legal notice by drafting and posting. For more details, visit here!

How much is the lawyer fee to send a legal notice?

Lawyer fee will be including legal advice & notice drafting. Visit here to view the charge.

When is a legal notice required?

As per Section 80 of the Code of Civil Procedure, 1908 it is mandatory to serve a legal notice before the filing of a suit if the opposite party is Government or Public officer. But, in practicality, it is seen that Advocates serve legal notice before the filing of all the Civil cases.

Why is it important to send a legal notice?

Therefore it has various aspects in which it is important: By sending legal notice it can give a clear intention on the part of the sender to file a lawsuit for the purpose of resolving the issue to which the other party might respond immediately to save oneself from court proceedings.

What is the letterhead of an advocate?

Below is a sample letterhead of the advocate who is issuing the legal notice. The letterhead is to be specific and proper, it has to have addresses and contact details of the advocate. This aspect is very important as a letterhead needs to be specific and clear so that the opposite party may respond to the advocate in case they wish to contact the advocate. The date on which the legal notice is issued and the name, address and contact details of the person to whom the legal notice is issued is to be stated and accordingly, the notice is to be commenced.

What is notice in a cheque?

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.

Why do you send a notice through registered A.D.?

is that the receiver acknowledges the receipt of the notice on the Registered A.D. card which is then returned back to the sender, therefore, it becomes a document of proof as it regards the opposite party having received or receives the legal notice.

Why do you need to send a notice to a person?

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.

What is the purpose of serving a legal notice?

Serving of legal notice gives an opportunity to the receiver of the legal notice, that is, the opposite party to resolve the issue cordially. It acts as a reminder for the receiver of the legal notice about the acts that have intentionally or unintentionally have created a problem for the sender.

What is a legal notice?

A “Legal Notice” is a legal intimation sent to the opponent indicating that the aggrieved is preparing to file a lawsuit against the concern in case the demand mentioned in the relevant notice is not fulfilled. Therefore, in a nutshell a legal notice can be defined as a formal communication to any person or a legal entity, ...

What happens if you don't respond to a legal notice?

If one doesn't respond to the legal notice within the stipulated period of time, then eventually the aggrieved party will file a suit in the appropriate Court of Law. Once the suit is filed in the Court, the Court will send order the respondent to appear before the Court and answer the charges pressed as by the opposite party.

What should be kept in mind once a notice is received?

The following important points should be kept in mind once a notice is received. Reading the notice carefully: It is important to read the legal notice properly in order to understand the issue and the concerns raised by the other party. After going through the notice thoroughly, if the receiver feels like the concerns raised in ...

What is the purpose of a legal notice?

The key objective of drafting a Legal Notice is disseminating information and making the receiving individual or entity aware of any certain development. A Legal Notice also works as evidence of communication in case of any Court trial of the same instance.

Is it legal to not reply to a legal notice?

As per the legal provisions, it is not mandatory to reply to a Legal Notice. But, not replying to a Legal Notice can add legal advantage to the sender if the case appears in the Courtroom. Hence, it is highly advisable to reply to a Legal Notice with the help of an experienced advocate.

Who can issue legal notice?

Legal Notice can be issued by a consumer himself . later if clients wills then legal notice can be issued through Advocate. So in the starting any consumer or person or individual can draft the legal notice or you can say a letter of the notice for your issues.

What is a legal notice?

As per the wikipedia legal notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. It is a notice indicating your opponent that you are preparing to litigate a lawsuit against him in case the so called demand is not fulfilled.

Can you send legal notice to a consumer complaint?

The procedure for sending legal notice in case of consumer complaint is not much different from sending normal legal notice. When it comes to sending legal notice to any company it is not compulsory that the notice has to be served by any professional or any lawyer. If you are a resident of a metro city you can approach to dispute redressal forum ...

What is legal notice?

Legal Notice is a form of written communication to the subjected demeanor detailing the sections under which an offense/crime/default has been done. The purpose of the legal notice is to settle an outstanding issue before a case under the specified section is filed in a court of law.

What does refusal of notice mean?

In law, refusal is deemed notice. Which means that whether or not you take the notice, you have knowledge of its existence. Damning your own case, you, out of your own will and action, do not have knowledge of the contents of the notice.

Can a criminal lawyer draft a gratuity notice?

A criminal lawyer may not be familiar with laws related to gratuity). Have a conference with him and explain all in details. Please never hide anything from your lawyer and doctor. Thereafter, the lawyer would draft the notice, and upon your approval, would send it to the party.

Why are legal notices not sent?

It is possible that the notice sent by the plaintiff may not reach the respondent; this can be due to change in address, location or information about the respondent that is not available to the plaintiff.

What to do when drafting a legal notice?

Engaging a qualified lawyer helps while drafting a legal notice. Extreme care is taken regarding the choice of words and language used, and the measures of caution about not admitting any fact that may later be denied to you in a court of law. Once a legal notice is dispatched, you cannot make any changes in it.

Why is it important to give a notice of legal procedure?

Ensure that all your facts are in place – so that the next steps by your lawyer are advised in due course of action. Legal notices are a vital principle of the courts in providing fairness and due process, by giving all the parties affected (by the lawsuit or legal proceeding) a notice of the legal procedure.

How to write a grievance in India?

Step 1. Connect with a lawyer who has good drafting skills. The notice can be sent in any Indian language, although usually, English is the preferred choice for my clients. The notice should be addressed to the person against whom you have the grievances. Step 2.

How to settle a legal case after receiving a notice?

Step 1. Unlike the traditional advice, you needn’t always consult a lawyer after receiving a legal notice. You can opt to call up the party concerned (who has sent you the notice) to amicably settle the matter and resolve the same in the best interests of time and money. Step 2.

What is a legal notice?

A legal notice is a formal communication to a person or entity informing them that you intend to undertake legal proceedings against him/her. It is a step taken before filing a suit, and is meant to warn the other party that legal action may be taken against him/her, if they fail to comply with some specified condition.

Who retains a copy of a notice?

Usually, a copy of the notice is retained by the lawyer. The expectation is that after the notice is received by the other party, they will reply back. But, as a standard (and often, the best) practice, the lawyer calls up the other party in some time. Ethically, I believe that it’s a good practice to follow.

Most Consulted Drafting Advocates

Choose from our most consulted lawyers across India and get instant legal advice.

Advocate Richa Relhan

Advocate Richa Relhan has been practicing judiciously and serving the legal fraternity in Supreme Court of India, Delhi High Court, National Green Tribunal and Central Administrative Tribunal (CAT) for more than 4 years.

Advocate S Dorai Babu

Advocate Dorai Babu is a Bengaluru based lawyer and has been practising law since 1995. He has been providing legal and advisory services as an independent lawyer. Advocate Dorai Babu got enrolled with the Bar Council in the year 1995.

RAJEEV S VADRALI

Advocate RAJEEV S VADRALI is a Gadag based lawyer and has been practising law since 1994. He has been providing legal and advisory services as an independent lawyer. Advocate RAJEEV S VADRALI got enrolled with the Bar Council in the year 1994.

Advocate Raj Kumar Vinjarapu S A

Advocate Raj Kumar Vinjarapu S A provides services in various field of Civil Litigation, Documentation, Family Law, General Legal, Property/Real Estate related matters and drafting and vetting of various agreements and documents.

Advocate Suhasini S

Advocate Suhasini S practices at City Civil Court Bangalore, Intellectual Property Appellate Board (IPAB) Delhi, and Karnataka High Court. She enrolled with the Bar Council of Karnataka in 2013. She completed her Masters (L.L.M) from the National Law Institute University, Bhopal.

Advocate Aashish Srivastava

Advocate Aashish Srivastava has been practicing judiciously and serving the legal fraternity in Appellate Tribunal for Foreign Exchange (ATFE), Company Law Board Delhi (CLB), Competition Commission of India, Delhi High Court and Income Tax Appellate Tribunal Delhi (ITAT) for more than 9 years.

FREQUENTLY ASKED QUESTIONS

What is the benefit of sending a legal notice in case of cheque bounce?

Common Cheque Bounce Questions

What is the benefit of sending a legal notice in case of cheque bounce?

How does a lawyer send a legal notice?

In most cases, the lawyer retains a copy of the legal notice for the purposes of recording communication and avoiding any tampering in the future. The lawyer then sends the legal notice either through registered post or via courier.

What language is a legal notice written in?

The legal notice can be written in any Indian language but English is usually the primary choice of most clients. The notice has to clearly mention the person/party of interest to address the plaintiff’s grievances. Then the plaintiff has to carefully explain all the details to the lawyer. These details should include:

Why do you send a legal notice to the other party?

One of the parties/persons in question sends a legal notice to the other party in lieu of informing their grievances with them and further inform them of their intention of taking legal action against them. The purpose of sending a legal notice is also to give appropriate time to the receiving party/person to resolve the conflict.

Why is a legal notice sent to the opposite party?

A legal notice is usually sent to the opposite party in civil cases because in criminal cases the State itself issues a warrant against in case of a criminal offense. The following civil cases usually require legal notice intimation to the other party: consumer complaint case – for providing faulty products and services or falsely advertising their ...

What is the purpose of a legal notice?

The purpose of sending a legal notice is also to give appropriate time to the receiving party/person to resolve the conflict. Many times, the negotiations result in a positive outcome; thereby resolving the matter and saving the expenditure of a lengthy court trial. However, the other party refuses to acknowledge the said grievances, ...

How long does it take for a lawyer to respond to a complaint?

The lawyer can give 15 days to 60 days for an adequate reply depending on the urgency of the client and the particulars of the case. The lawyer usually stresses on taking an action to settle the dispute without having to go to the court.

Can I send a legal notice without a lawyer?

Sending Legal Notice Without a Lawyer. It is not mandatory to draft a legal notice through a lawyer. However, drafting a legal notice requires the careful articulation of words and clarity in legal concepts to properly communicate the plaintiff’s grievances to the other party. Once the plaintiff sends the legal notice, ...

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Howto Send A Legal Notice?

  1. Firstly, we need to hire lawyers who will assist us indrafting the legal notice. Besides, it also needs to be drafted in thelanguage, which is understood by the receiver.
  2. You have to provide the necessary details of the matter.
  3. The lawyers will collect the required documents and draftthe notice accordingly.
  1. Firstly, we need to hire lawyers who will assist us indrafting the legal notice. Besides, it also needs to be drafted in thelanguage, which is understood by the receiver.
  2. You have to provide the necessary details of the matter.
  3. The lawyers will collect the required documents and draftthe notice accordingly.
  4. The notice should be made on the letterhead of the lawyerwith the signature of the lawyer and sent to the concerned person throughregistered post.

Laws Related to Notice

  • Legal notice under Section 80 of CPC
    The legal notice is sent in a civil matter. In criminal matters, there is no filing of the notice. Section 80 states sending legal notice to a government or public officer if someone wants to initiate actions against them for doing something during the course of their employment until the expira…
  • Cheque bounce notice
    In cheque bouncematters, it is mandatory to send a notice to the issuer of the cheque within 30 days of dishonour of cheque. If repayment is not complete after 15 days of notice, then legal action can be taken within 30 days.
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Drafting A Legal Notice

  • A legal notice is one of the most uncomplicated legal documents, it requires a lot of precision and accuracy, and it should send a correct message. Primarily a legal notice is sent by an advocate on behalf of the client. One can also send a legal notice without assistance from the advocate. A legal expert will help you to put forth the notice according to the law. Following are the stepsto b…
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Conclusion

  • A legal notice is aformal legal document which is the first step towards a legal proceeding.Therefore one needs to follow the prescribed legal notice format for addressingall the key issues of the complaint. Although it is not mandatory, it is alwaysadvisable to give one so as to avoid the Court proceeding. Moreover, everythingdepends on the drafting of notice and the pr…
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