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Process of filing a legal notice on edrafter.in

About Legal Notice

A legal notice in India is a written document that an individual or a company sends to another party when they are facing a problem and want to seek justice through the court. It serves as a formal way to inform the recipient about the issue and express the intention to take legal action if needed.

When someone's rights have been violated, they often start by sending a legal notice to the other party. The notice explains the problem, including the facts and legal reasons behind their claim. Legal Notices are usually prepared by Advocates or legal professionals who understands the relevant laws.

A legal notice has several purposes. Firstly, it officially communicates the sender's claims or demands to the other party. By sending the online legal notice, the sender shows that they are serious about resolving the issue through legal means. It also creates a record of their intent to seek justice if the problem is not resolved satisfactorily.

Our Client's Experience

Cheque Dishonor

" Ms. Pooja Gandhi was an interior designer, and one of her clients issued her a cheque. However, the cheque bounced, and the client was reluctant to make the payment. Consequently, we issued a Cheque Bounce Notice, and as a result, she received the payment the very next day. "

SALARY ISSUE

" Mr. Rajesh Sharma was employed in a startup, but the startup had not been giving him his salary for the last three months. When he contacted us, we promptly sent a legal notice for non payment of salary, and as a result, the salary was credited to his account on the same day. "

owner and tenant

" Mr. Aakash Yadav was the owner of a 2BHK flat. However, the tenant had not been paying the rent for more than 6 months and was behaving abusively while refusing to vacate the property. In response, we sent him a online Legal Notice to Tenant to Vacate, and as a result, he promptly vacated the flat. "

Issue with builder

" Mrs. Kusum Sharma booked a flat in Noida with a renowned builder. However, even after the possession date, she did not receive the possession of the flat, and the builder refused to refund her money. Consequently, we filed a legal notice to builder for refund of booking amount, and as a result, she received a full refund of her booking amount. "

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Knowledgebase

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Yes, it is the first step where the aggrieved or sending party intimate the wrongdoer/receiver about the circumstantial incidence faced due to the act or omission of the party and ask for resort . It is then only when further step can be taken up for compoundable offences. So Sending legal notice provides a shield over the rights of the people.
A legal notice is a document that is issued by a lawyer to a person (legal or natural) on the orders of his client, and through this document, the opposite party is notified of the intention of the party giving the notice.

Documentation is required.

  1. The receiver of the notice's name, description, and address.
  2. Facts and grievances that are clear and understandable, condensed to writing.
  3. Relief or action sought, in writing.
  4. The cause of the action is stated.
  5. Signed and confirmed by a licenced attorney
No, the legal notice is not like anyother deed or registrable document rather it is mention that legal notice is drafted keepings relevant points which depends case to case and as per the circumstance of the matter the legal notice in india is made and served. The legal notices can be bifurcated as per the need in different fields like for employer-employee dispute, for domestice violence and divorce, for 138 Cheque bouncing matters etc.

There are certain essential elements of notice which needs to be mentioned in the legal notice:

  1. Brief facts or statements related to the issue or the matter for which the party wants to file an action or want to initiate legal proceedings against the other party.
  2. What relief or settlement they want from the other party.
  3. Summary of the facts with the communication made between the parties regarding the dispute or issue.
  4. What is the problem arising in front of the sender and the problem the sender is facing due to a matter or issue and also what can the other party or court do to solve the matter.

The party needs to mention in the legal notice how the other party can provide the relief or what the other party should do to solve the issue or matter either mutually or by court’s order.

Usually, one Notice by an Advocate on behalf of a client suffices. However, the client has the right to communicate personally also for settlement of the issue. And that communication serves as the part of the plaint/complaint.
Yes, it is pertinent to deliver the notice to the person it is intend to be sent. Sending of the legal notice is part of the communication process which is formal in nature and is completed when the receiving party reply to the notice by acting against it or for it. it is to mention that the ignorance is counted as part of communication. And the receipt has to be kept for future purpose when the suitable amicable solution is not derived and the court of law is knocked for further action. the sending of the legal notice also suffices the vivid intentions of the sending party.
Yes, this information makes it clear to whom it is intended to be sent. The legal notice is the ground proof of formal communication and must include wholesome information about not only the receiver but also about the facts of the case. the legal notice can not be directed towards anybody for no reason there has to be suitable ground for sending which is why the information of the receiver is to be added. by mentioning such detailed information it is thus made clear that the sender knows the receiver and is well versed about the incident.
Yes, the legal notice is drafted by the advocate on advice and suggestions of the party concerned. It is the frequent question whether an advocate is required for sending the legal notice. the answer is yes because legal notice includes legal language and also detailed scenario of the case which is to be drafted in the proper manner otherwise anyone can send the legal notice but lack of knowledge will end up deprivation of the rights of the concerned party. the advocate or the attorneys draft the legal notice as per the incidents discussed and any other conversation done by the parties doesnot make itself a part of legal notice rather it is the informal communication of the parties related to the matter concern.
Justice can't be delivered by just sending of the legal notice. maximum times a suitable amicable solution is attained by sending the legal notice but the justice can only be attained in the court of law. and several times the justice is pronounced against the will and wish of the party rather in favour of the society at large. So justice has the wider perspective. Legal notice per se can provide a platform for the parties to settle the things among them.

They will file a case against you as a result, and you will then be subject to specific legal obligations. Additionally, a reply to Legal Notice is a must for the other party otherwise the matter may be reached to court without giving it a chance of settlement. You ought to have responded to the notification sooner.

No, the complaint is different than the notice .. in former we make the complaint to the concerned authority directly as per the relevant sections of Criminal Procedure Code but in latter the notice has to be sent to the person concerned or to whom it is directed. The legal notice has been mentioned in Civil Procedure code under initiating of the proceedings. Thence the complaints are made out for the offences which are non-compoundable and non-cognizable. For rest legal notice has to be sent for perusal of the parties. the legal notice can be sent through post, email and whatsapp but in case of complaint it is needed to be made following proper guidelines and regulations.
Yes, it depends upon the matter of case. The Limitation act defines several provisions which govern the legal notice and the time span of each case. The limitation period is for the cases but when we talk about legal notice it is the time given in the notice to other party for establishing a reply or solution.And after that the case is filed depending upon the reply of other party.
There is no set amount of time allotted by law for a response to a legal notification. Usually, the notice specifies how long the recipient has to respond. If no deadline is given, a fair deadline would be within 15 days of receiving the legal notification after that a lawsuit is filed.
  1. If you have received a legal notice, your first course of action should be to phone the sender and attempt an amicable resolution.
  2. When it is not responding to a legal notification, it is desirable to file a court case in furtherance of their negligence to send the reply to Legal Notice to the party.
No, it is not a legal document rather it is the document of legal sanctity . As it is the formal communication of the parties to enforce a certain thing, which is dependant upon circumstances of the case. the legal notice is garbed with the legality that is why is enforceable in the court of law and used as ground for delivering judgements of the case.
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