Legal Notice Format for Property Dispute
Sending of Legal Notice Format is considered one of the most important aspects of civil matters, as the legal notice can be taken as the alternative tool for the dissolution of the matter. It offers the parties to the dispute to settle their dispute amicably without getting to the hassle of the court and its lengthy procedure. This is nothing but a formal mode of communication between the parties. Through this sender notifies its intention to the other party that if he/she won’t going to take the proper course of action in a specific period, the person sending the notice is going to initiate the proceedings in the Court of Law. It makes the grievance of the party affected communicable to the other party who is at fault. It helps the parties know each other stand on the dispute. Through the legal notice format for wrongdoer and aggrieved party communicate each other views about the dispute, and things on which they agree and disagree become quite clear. The notice is often considered as the warning to the receiver to refrain from doing activities which are violating the right of the other person if he wants that matter won’t go to court. The notice serves as a time-effective and saving tool for settling matters without getting into litigation when it can be resolved through mediation, arbitration, or negotiations. Legal notices are very frequently filed in the civil cause in comparison to the criminal matter. As in the criminal proceedings the case is made by the state against the criminal. However, if someone wants to file a case against the government there is a provision in the code for the civil procedure to first file a notice, then on the failure of the government to take appropriate action within the specified period, the person can file the case in the court of law. It’s section 80 of the Civil Procedure code 1908, which provides for the sending of the legal notice to the government. If any person desires to bring the suit against the government or government authorize then after sending a legal notice, he /she must wait for a period of two months. The main idea behind the provision through legal notice format is to provide the chance to reassign the things done regarding the concern of the person who is sending the notice. In the landmark judgment of the Supreme Court of Bihari Chowdhary and the State of Bihar, the Hon’ble court stated that “ the object of the section is the advancement of the justice and the securing of the public good by avoidance of unnecessary litigation. Under the provisions of section 80 of the civil procedure code, it is made mandatory to give notice, but besides this, no provision makes it a requirement. In general practice, it has been seen that lawyers and advocates prefer to send legal notice to the opposite party before filing the suit. The main idea behind sending the legal notice in other cases is that it allows the other party to be heard, before filing the matter before the court. The notice severs the credibility to the intention of the sender. The legal notice must have the following elements of information on it. The information in the notice should be put clearly and concisely. language of the notice should be easy to understand, and the use of technical wording and legal jargon should be avoided. In India, the legal notice can be sent by any aggrieved person, it can be an individual, businessman, or government official, you can draft your legal notice yourself. But it is often advisable to engage some expert lawyer or advocate because they got expertise in the legal notice format language and know how to frame its content in such a way that it can communicate the concern of the person to the other party. Just read the legal notice format carefully, what is the dispute, what are the contentions of the party who is sending the notice, what are the concerns and what kind of ready he wants, if the party desires the communications or talks, what is the time allowed to the receiver to revert after the receipt of the notice. If there remains unclarity regarding the contentions of the notice, you need to approach the lawyer or advocate. Then you need to decide how to respond to the notice you can ignore the notice, but it can cost you as the benefit may go to an opposing party in the court when the case is filed against you. Or you can choose to give a reply to the notice, It can be in an affirmative way or negation of the demands raised, for this you need to consult the attorney while making the decision. Contentions made in the legal notice don’t need to be true, if that is the case with you, you can simply deny it by consulting the legal expert. Whenever there is any dispute arising about at property dispute, the first thing one does is serve the notice on the other party to the dispute. A large number of civil matters in court are about property disputes, the property dispute is a different concept in itself, there are a variety of issues, and disputes can here relate to anything such as division of property, lease of property mortgage of the property, or destruction or construction of the property, usage of the property it can be moveable or immoveable The legal notice format about property disputes are framed according to the nature and requirement of the facts and contention of the party. the basic format of the legal notice remains the same it’s the facts, contentions, and demands that changes in the body of the legal notice. The matter of property disputes takes years to get settled, you cannot say exactly how much will it take to settle the dispute. There are cases on land which had been got dissolved 25 or 50 years after. So, the most efficient way to settle the dispute is through alternative remedies such as mediation, arbitration, or conciliation. Let’s take the illustration of the partition of property dispute legal notice draft format Format of legal notice for partition can be sent by any person who wants to separate his /her property when any person owes the land or any moveable property which can be divided or immoveable property with another person or persons and one of them wants to get his share separated than he /she on thirsty land sends the legal notice of property to the concerned parties. In the case of the ancestral property when one or more than one person of undivided property makes a gift sell to, mortgage, or lease out that joint property without the consent of other persons, the persons who had objection can send different types of legal notice to defaulting party. This rule is applied only in the case of ancestral property, you cannot make it applicable to the self-acquired property because the heirs of the deceased or previous owner of the self-acquired property can obtain that property on the desire of the owner, the owner has the full power to dispose of it in any manner. On the other hand, if someone wants separation of his share in joint property then he/she can apply for the same purpose and send the legal notice of their intention to the other parties. To, Mr . Sharan Singh House no 82, new colony Manjeet Nagar Jaipur, Rajasthan Dated -20/11/2022 Subject – Partition of the Property bearing Khasra no 20/11,42 Respected Sir / Madam Under the instruction of my client Mr, Ranjeet Si son of Paramjit Singh who is a resident of Maya Nagar, the legal notice for Partition of Suit is being served on you. 1 . That, Mr. Ram Lal ———resident of property bearing no —— died on —– 2. That at the time of her death —— was the sole owner of the property bearing no—— 3. That ——— died intestate, leaving behind the heirs. 4. That it was mutually agreed between you and my client orally, that you will use the property only for residents until none of the hires had an objection to it. 5. That legal heirs can at any time, call the partition of the property by the way of meet and bound. 6. That you cannot use the aforesaid property for any other purpose, except the residential 7. That you are residing on the premise of the will of my client. 8. That it came to the knowledge of my client that knows you are trying to sell the property by forging the documents, which is a gross violation of law and illegal. 9. That property was given to you only for residential purposes, you are forbidden by the law to deal with it in any other manner. Therefore, this legal notice is being served on you by my client to immediately vacate the premises within a period of one month, after receipt of the notice, in case you try to ignore the notice you will have to face legal consequences which can be harsh, I have been given clear instruction to initiate legal proceedings against you. A copy of this legal notice format is retained for further use. ONLINEXBRL.COM is the leading platform for legal services, Connect with us for more info. What Is the Purpose Behind the Legal Notice Format?
What Should the Legal Notice Format Contain?
Provisions About Sending Legal Notice Format
Is severing the legal notice mandatory :
Essential of Legal Notice Format:
Who Holds the Power to Send Legal Notices?
What you must do if you receive legal notice?
Legal Notice Format in the matter of property disputes:
Terms of sending notice as per legal notice format for partition suits:
Sample of Legal Notice Format:
Is it legal to divide property verbally?
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