How do we write Legal Notice Format? step by step


Legal Notice Format

Legal Notice in India

Legal Notice is that the formal communication to someone or entity informing him that we shall undertake legal proceedings against him. It is a step taken before filing a suit, and is supposed to warn the opposite party that action could also be taken against him, if he fails to comply with some pre-specified condition.

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What is the procedure to send anyone a legal notice in India?

The legal notice is usually issued by a lawyer  on behalf of his/her client for the aim of soliciting a settlement.

A legal Notice Must Contain these following points:

∆ Name

∆ Representation 

∆ Place of residence of the sender of the notice.

Here the steps to draft a legal notice format:


1 ) The legal notice must be drafted within the letterhead of a lawyer which is to be specific and proper  it should contain addresses and get in touch with details of the advocate.

2) The date on which the legal notice is issued and therefore the name, address and make contact with details of the person to whom the legal notice is issued is to be stated. 

3) The name and details of the client on whose behalf and under whose instruction the notice has been written should be clearly mentioned within the Notice. It should be clearly mentioned within the notice how your right has been infringed because of the act or omission of the other party and for that what you would like from him. 

4)The specific direction must tend to the other party and deadline must tend . 

5)The notice must be signed with a date by the Advocate. There are several situations when It’s become necessary to choose legal solutions, among the foremost common are as follows: 

legal notice format




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Tenant: Sometimes tenants don’t pay the rent to the owner of the house  and as a result, a huge amount accrued which the landowner is entitled to receive.If the tenancy has been started by contract of leave and licence and licence therein case the landowner is entitled to send legal notice for recovery of payment or can recover the rent by filing a case for specific performance of contract.

Company:  There are several procedures are available for recovery of salary of the employer is not getting his salary If he/she  is governed by the Labour laws then the employee can approach the Labour Commissioner or he/she  can sue the employer .

If the worker is of the rank of executives, managers and doesn’t come under the Labour laws then can seek remedy for recovery of cash under order 37 of The Code of Civil Procedure, 1908 which is usually referred to as a summary suit.

In case the employer had taken any fraudulent means to deprive the workers of their salary they will get remedy.Any person who is seeking recovery of cash should send a legal notice to the employer for recovery of cash drafted by a prudent and tacit lawyer before taking any of the above mentioned legal steps.

Sometimes a strong and effective Legal Notice can become fruitful in recovery of the money and saves a lot of hassle and expenditure. Here anyone can start the procedure by sending a legal notice for recovery of cash from a company; it can either be accepted or be rejected with a reply to legal notice for recovery of money. 

Loan: In India defaulters of a loan are creating an enormous mess within the economy and intrinsically in recent years the govt has taken strong measures to recover the money circulated through debt. The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act was introduced with the sole intentions to recover the debt amount and a separate judicial body i.e. the Debt Recovery Tribunal is made in every State to resolve the debt related issues only where the primary step begins by sending legal notice for debt recovery from the bank or Financial Institution.

Dealer: In business, most of the time producers sell their product through the distributors and keep security deposits from the Dealers and Distributors in the form of Post dated cheques. If those cheques get bounced thanks to non-availability of fund then the drawee can immediately send legal notice to the drawer for recovery of the due amount within 3O days.

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How can I get my cash from a Friend: 

To avoid any unpleasant issue in future one should provides a loan to friends or relations through either of those two instruments i.e. Promissory Notes and Loan Agreement. If you have put that loan under a written contract through either of these two instruments you are entitled to get legal relief. You can send a legal notice for recovery of cash to your friend if even that doesn’t work.

Legal notice format


Legal notice can be sent by whatsapp??


And the answer is yes.
 Legal notice can be sent by whatsapp and it works as a legal evidence under law,and the blue tick over the messaging app  is a valid proof that the second party  has accepted the physical copies of the communication.

Is it   mandatory to answer a legal Notice?


Yes, it is mandatory for everyone to reply to a legal notice within the time period which is given by the party with the help of an experienced lawyer to avoid the matter from going into  court.


Types of legal notice


∆ Constructive notice
∆ Actual notice  
∆ Public notice
∆ Judicial notice
Legal Notice format



What happens if you ignore lawyers letter??

You should not ignore any letter that you received  from an advocate or a legal paper stating that a case has been filed against you.


 Sample of Legal Notice Format

Advocate Name
Office Name
contact No
Email

Dated:
Ref.no: Details of the client needs to be given
speed post

TO,
The abcdef
Address

subject: Legal notice under section......... of the ................ .................... Act.

Sir/Ma'am
Under instruction and on the behalf of my client .........son of .......... resident of........ i do here by 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 xerox of this legal notice is perpetuated in my chamber for further necessary action.




Advocates signature


legal notice format for divorce










Sample format of a Legal Notice for Divorce



Advocate Name
Office Name
contact No
Email

Dated:
Ref.no: Details of the client needs to be given
speed post

To,
The abcdef

Address

subject legal notice for divorce under the section ..... of the .............................. act
sir/Maam


Under instruction and on the behalf of my client .........son of .......... resident of........ i do here by serve upon you with the following notice under section ................ of the ............. Act. The contents of which are set forth here in below:

1- That you were married to my client on .............. at ......................... according to the Hindu rituals and ceremonies in the presence of family , friends , relatives of both the parties.

2-That after the marriage you and my client .............. lived together as a spouse and cohabited with each other and out of the said wedlock of my said client and you one daughter and one son named ............. aged............. years .......was born.
3-.....................


4.....................

5-That my client filed a demand Notice.........................

I therefore through this notice call upon you..........................
A xerox of this legal notice is perpetuated in my chamber for further necessary action.




Advocate signature


















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