A formal document that serves as a notice of imminent legal action is called a legal notice sometimes referred to as a notice of claim. It is a formal letter from one party (the Sender) to another (the Addressee) warning them that if certain requirements are not fulfilled, legal action will be taken. Usually, the first action taken before bringing a lawsuit is to serve a legal notice.
A legal notice is intended to provide the Addressee with a chance to make amends before the start of legal proceedings. It acts as a way to settle disagreements without the need for an expensive and drawn-out legal process. Generally, a legal notice is utilised in civil matters including property disputes, cheque dishonouring, and violations of contract, and divorce proceedings.
Since a legal notice is a legally binding document, it must be carefully prepared. It should be very clear about the type of disagreement, the particular steps or requirements that need to be fulfilled, and the deadline for the Addressee to comply. In compliance with the rules and legislation of the jurisdiction where it is being filed, a legal notice must also be issued.
Before issuing a legal notice, the sender must obtain legal counsel because improper drafting and delivery could have major repercussions. A knowledgeable lawyer can help you decide on the best course of action and make sure that your legal notice is prepared and delivered legally.
In what situation you can send a legal notice?
A legal notification may be sent in the circumstances listed below using the format for legal notices:
Maintenance: If the wife, children, or elderly parents are unable to sustain themselves, they may send a legal notice to the son or daughter asking for maintenance, in line with section 125 of the Criminal Procedure Code.
Child Custody: If the child is not safe, cannot live a proper life, is with an unfit parent, or has a bad financial condition, the other parent may serve a legal notice to the other parent stating that you wish to petition for custody. Furthermore, if he or she decides to settle the disagreement outside of court by rectification or by accepting the terms and conditions.
Divorce: A couple or spouse may send the other spouse a suitable legal notice stating their intention to file for divorce and the grounds behind it if they are having issues and determine they are ready to dissolve their marriage.
Property Conflict: In case there is a disagreement over the split of family property, the eviction of a renter, a builder, or a mortgage on any property.
A complaint directed to any company or customer: A customer should make a complaint if they are unhappy with a certain business because of defective, damaged, or wrongly given goods. Consumers or persons experiencing an issue will send written notice to the business of the problem or problems they are experiencing and their desire to take them to court.
Cheque Bounce: A legal notice is required in cases of cheque bounce under section 138 of the Negotiable Instruments Act. There are certain limitations, though. According to this section, the sender is entitled to file a lawsuit against the recipient within 30 days of the recipient receiving the legal notice, provided that the recipient pays the notice’s recipient within 15 days of receiving it. The sender must send the legal notice to the recipient within 30 days of the date the cheque bounced.
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Written by: Avichal Singhal Adv.