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Property Legal Notice
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Property Legal Notice
A Legal Notice is meant for the purposes of indicating your opponent party that you are preparing to litigate a lawsuit against, in case there is the default on either of the parties on the failure of terms agreed upon. It is a formal communication to a person or an entity, informing the intentions to the other party to undertake legal proceedings against them.
A Legal Notice is one notice with purposes of indicating your opponent party that you are preparing to litigate a lawsuit against, in case there is the default on either of the parties on the failure of terms agreed upon. It is a formal communication to a person or an entity, informing the intentions to the other party to undertake legal proceedings against them.
ESSENCE OF LEGAL NOTICE
Legal notice must specify appropriate and precise statements and material facts relating to the grievance for which the required action is to be taken.
The legal notice must clearly indicate relief/remedy sought by the aggrieved party.
The legal notice must contain a summary of facts and the way how such issue may be solved.
A well-balanced legal notice serves as a mode of mediation between the parties, so equivocally solve the issue and negotiate on each other’s terms.
IMPORTANCE OF FILING A LEGAL NOTICE
Certain situations may arise where you get confused about how to initiate legal action in order to resolve your matter. The filing of a legal notice gives a new beginning to your journey of litigation. 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.
A person can easily describe his grievance in a legal notice with the help of an Advocate.
WHEN TO SEND A LEGAL NOTICE?
There are various reasons for which you can send a legal notice to a person or an entity. However, the most common ones are:
Disputes related to property such as a mortgage, delayed possession delivery by the builder, eviction of the tenant, the partition of family property, etc.
Notice to the employer for wrongful termination, unpaid salary, violation of any right of the employee by the employer, etc.
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.
FILING A LEGAL NOTICE
The steps to filing legal notices are:
The very first step is to draft a legal notice and must send through a registered AD post.
The second step after sending the notice is to save the copy of the receipt sent and of the notice.
The third step is nothing but to wait for a given period, before approaching the court for filing a case.
Finally, the person or entity on which the legal notice is served or addressed will have the above-mentioned days of time to revert with a reply to such notice or agree for a settlement out of the court settlement.
One may draft a legal notice on their own, but it is always advised to take professional help with respect to same, which must be short but also cover all material facts.
Frequently Asked Questions
A legal notice is a formal written communication between the parties where the sender notifies the recipient about his intention of undertaking legal proceedings against the latter. It helps in making the recipient party aware of the grievances of the sender.
Sending legal notice is considered to be a warning to the receiver to fulfil a certain condition if he does not want to take the matter to the court. It is a very time and cost-effective tool for settling the matters between the companies, individuals and the private organisations without any litigation procedure but rather through negotiation, mediation or arbitration.
There are no provision for sending legal notice to the individuals or private organisation, it is a set practise to send the legal notice before initiating any suit. However, Section 80 of The Code of Civil Procedure, 1908 provides for sending of a legal notice to the Government or public officer if one wants to initiate any legal action against them for any act committed during their period of employment.
STEP 1: Once the notice has been drafted by the lawyer
STEP 2: It is being signed by the lawyer and the Sender.
STEP 3: A copy is being retained by the Lawyer for future purposes.
STEP 4: The Notice is being sent through Registered Post or through Courier
STEP 5: An acknowledgment slip is being kept as evidence of dispatch.
Legal notices are a vital principle of the courts as it provides a platform and a chance to both the parties to reach a consensus without taking the route of the court.
Yes, a legal notice can be through e-mail. However, it is advisable to send a copy of the Legal Notice to the addressee via a registered post or courier as well.
No! It is not mandatory. But it becomes mandatory to serve a notice under Section 80 of Code of Civil Procedure, when a person is planning to file a suit against the Government or Government body.
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