There may occur several situations where a person or an entity needs to take a legal action against an entity or another person. However, in any situation it is important for the other person to be informed that you are going to initiate a legal action against them, hence for this reason a legal notice is sent to a person or entity.
In India divorce can be initiated by either of the parties as provided by the law. Different divorce laws have been provided by the law for different religions in accordance to their own religion. However, any divorce proceeding in the Court of law would start with sending the Notice for Divorce. Sending a legal notice is the formal way of communicating to the other party the sender’s intent to divorce, or it could also be a warning, at the same time a last chance to reconcile as well.
For example, a legal demand notice is a formal written request sent from a creditor to a debtor, demanding the payment for a debt owed to him, which is typically used when the debtor has not paid his debt on time and the creditor wishes to demand his or her payment in a timely manner.
Legal Notice-
A legal notice can be understood as the formal communication to the other party in a case, informing him or her the intention of the sender of initiating legal proceedings. Therefore, a Legal Notice can also be called as a formal intimation by one party to the other regarding the sender’s intent to initiate legal proceedings.
Procedure- A well established procedure has been provided under the law to send a legal notice. Following steps should be taken into consideration while sending a legal notice-
The most important step before sending a legal notice is to appoint an experienced lawyer who has good drafting skills as well as technical knowledge related to the field related to your grievance-
With the advice of the advocate, a legal notice stating the facts and the issues causing grievance to the sender of the notice should be drafted.
The fact that the legal notice is sent to the other party should be made sure.
Also, the language in which the notice has been sent should be understood by the other party.
While consulting the lawyer, the aggrieved should ensure that the following details have been provided correctly-
Names of both the parties
Address of both the parties
Grievance faced and other related matters
Any previous attempts made to reconcile with the other party.
After relevant information has been given, the lawyer appointed would carefully study the case making relevant notes regarding the information provided to him, he may ask for further information as required, based on which a final draft is prepared.
Afterwards the legal notice is prepared by the advocate in the legal language as per the provisions of the law. A legal notice shall contain-
Reasons behind sending the notice
All the previous communications related to the cause of notice
A reasonable time period should be provided to the addressee to reply to the notice (from 15-30 days approx.)
The legal notice sent would include the signature of the lawyer sending it. It would be then sent by a registered post or the courier, whose receipt is required to be kept by the party sending the notice for further legal proceedings.
The party receiving the notice is required send a reply to the notice either personally or through an experienced lawyer within the time period provided in the notice.
After the reply of the other party is received by the aggrieved party, he/ she can decide to either resolve the matter or to file a petition in the court to seek justice if they are not satisfied with the reply sent.
How a legal notice is drafted ?
A legal notice is drafted on the letter head of lawyer appointed by the aggrieved party.
A legal notice would contain the communication details of the sender including name, contact number, address,etc. on whose behalf the notice has been sent.
The notice would also include the name and contact details of the advocate. The signature and date of signing by the advocate would also be included in the Notice.
The notice shall also explain as to how the legal rights of the aggrieved party have been infringed.
The notice would include specific directions for the opposite party along with the time limit for the reply.
What does a legal notice contain ?
A legal notice would include the following-
Name, description and address of the sender.
Cause of action would be mentioned.
Relief claimed by the aggrieved party.
Legal basis for the relief so claimed.
Conclusion-
As could be understood from the above discussion, a legal notice is the message from the aggrieved party explaining his/her intention to initiate the legal proceedings. A legal notice also includes the grievance suffered by the aggrieved party and compensation he/she seeks from the receiver of the notice.
Sending legal notice is a simple process, which could be initiated from anywhere and sent to the party who is not in the same place as the aggrieved party. However, it is still advised to seek advice as well as assistance from an experienced advocate who shall be able to help you draft the notice in a professional legal knowledge, as in case you wish to continue the proceedings in the court, the notice would help set the pace of your case.
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