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.

We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services related to law matters in India, please do not hesitate to contact us. We are here to provide you with expert legal counsel and representation tailored to your specific needs and concerns.

Written by: Avichal Singhal Adv.

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.


The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.