How to Write Legal Notice Format in India

Correct Legal Notice Format is the most essential tip while drafting a legitimate notice. This point is necessary because of its significance in every legal matter. 

So here is the post that signifies all the relevant aspects to make the work more accessible and more effective. 

Legal notice signifies the intent that legal action against the wrongdoer is being taken by the aggrieved one. The legal notice is the formal letter of intent that communicates with the opposite party grievance of the aggrieved person.

It provides sufficient time to reprocess the action taken by the wrongdoer.  Legal notice acts as the intimation before legal action is taken. Many times, a Legal Notice Format served acts as the saver from a lengthy litigation process. 

However, if the party at wrong is reluctant to pay heed to the problems of the aggrieved person then the plaintiff can bring legal action in a court of law.

Notices are usually sent in civil proceedings because the need for them does not arise in a court of law.

How to Write Legal Notice Format in India 

The Format of legal notice consists of the following elements as mentioned below – 

• Full name of the sender and the receiver of the notice along with the residential address. 
• Further description regarding the reasons for sending the notice.
• It must contain only the material facts of the grievance, and make clear, short, and understandable. 
• Outlining the time frame in which a reply to legal notice format is to be sought from the respondent.
• Legal notice format can be issued or filed on the letterhead of the advocate, which contains the full address and phone number etc.
• Officially used the signature of the advocate and the sender of the notice.

How does the Legal Notice format play a considerable factor?

There is no particular format of legal notice except the elements mentioned above. The legal notice format of any document, whether it is legal or not, plays a vital role. Usually, it’s the formal documents that have their format of writing styles.

A formal document contains an official interchange of information: you can also check the legal notice format pdf.   

The legal notice format considers formal communication by the aggrieved person in legal language with the wrongdoer.

Relevant Points to be Consider While Drafting Legal Notice Format

Essentials Pointers to Draft Notice: 

• The facts and law, whether you are drafting a legal notice or another legal one. The first thing documents have to do is know the facts of the matter in hand, then apply relevant law to the facts. This will help you to properly format your draft.
• You must make small and precise notes of facts involved in the matter.
• Then you should identify the relevant facts from your notes, and what should be included in the Legal Notice Format.
• This is guided by the law, the needs of your client, or by your logic.
•  Some rules of content are required to be added to your draft.

Plan Your Draft First: 

It’s always better to plan than the draft. Never start drafting legal notice without intending it. Get an idea of how many paragraphs you are going to have. What will be the content of each paragraph, select the order of each paragraph?

Match Your Draft Plan With The Notes You Made:

You should review your plan with the notes you made, and whether all the important elements are added.  Organize the elements of your draft in a specified legal format. Ensure that your content and format of legal note is well structured.

One Paragraph at a time:

You should draft one paragraph at a time and must know what you are saying in that paragraph beforehand. Work on every paragraph until they start saying what they want from them in the right way.

Your paragraph should be precise, comprehensible, unambiguous, and grammatically sound.

Revise Your Draft: 

Never forget to revise your draft. It’s very important. Read it through, again and again, maybe several times to make sure that nothing had been left.  It will be rare indeed that you will not find any improvements and alterations to be made in your final draft.

Components of Legal Notice Format 

Legal drafting is nothing but the synthesis of facts and law in the proper format of a legal document.  Drafting is the primary stage of legal writing; a well-written document is the outcome of a good draft. 

Quality of good drafted legal notice-

Conciseness –

Well-drafted Legal Notice Format is short and precise only material facts and necessary information are provided.  The statements that are unnecessary and unwanted should be avoided. 

Completeness –  

The draft should be free from all the deficiencies so that it can ensure the completeness of the material facts.  It should contain all the relevant information and facts so that nothing gets left out.

Preciseness –

Another important element of a good draft is preciseness. The facts in the draft should be free from all guilt, and perfection of the legal notice and its format has to be ensured.

Clarity –  

There should be absolute clarity in the wording filled in legal notice format. So that it becomes understandable for the reader. The drafter should write in easy and simple words.  The drafter should be able to express his thoughts.  

A good draft should contain paragraphs for expressing the subject matter.

Pleasant accent –

A good writer knows how to impress their reader therefore while selecting words he/she tries to take polite words.  A good document knows to whom it is being addressed by its desired courtesy.

General Principle Of Drafting Legal Notice Format:

 The salient features of a legal document or legal draft are as follows.  

Selection of correct words: 

Choosing the right word in your legal notice format draft for the right place is the thumb rule of good writing.  The word should be selected in such a manner that readers will understand the true intentions of the writer. The use of vague terms can create confusion in the mind of the reader.

Clear and Firm thinking: 

The writer should have a clear knowledge of the facts of the subject matter in which he is about to write.  

In the absence of clear information about the facts and situation involved the writer can’t clearly.

Courtesy and Politeness:

It is often an important requirement of any formal writing to be courteous and polite.  When the reader is delighted to read, he responds promptly. Thus, by observing politeness in writing the reader achieves their objective. 

Logical requirement:  

The arrangement of facts and events should be in such a sequence that it becomes easy to understand for the user.  

Legal Notice Format should conclude the clear Paragraphs arranged to segregate the different content of the notice.  A logical arrangement will ensure non-repetition and omission. 

Short sentences – 

Use samples and short sentences. If long sentences are used then it might be unclear. However, while preparing technical documents use of phraseology and technical terms sometimes becomes unavoidable.

Is It Necessary To Follow The Legal Notice Format?

The legal Notice Format helps the other person to understand the grievance of the aggrieved person. The legal notice format pdf is well nothing but a structured document. The list is always better to follow the format of the document because otherwise the document created will be loosely structured.  

In an organized document, there is no scope for any lope hole. In the more forte legal notice, every minute detail is taken care of. 

The legal notice format will ensure that document is structured.  An unstructured document lacks effective communication.  The use of negative statements and an aggressive tone can make the document confrontational.  

A formatted document is free from errors and unnecessarily complicated and lose terms.  It makes the document concise and clear. It is effective and complete.

How To Execute A Legal Notice Format?

The first thing you have to do is hire a good civil lawyer, drafting the document is the silk that every good lawyer masters.  When it comes to legal notice it should be drafted well so that it can serve its purpose. 

Tell all the relevant information relating to the matter. So that he can advise you on what you should do and what not.

The lawyer will draft your legal notice format in front of you or after you leave his chamber on his own time, he will draft it on the letterhead.

After adding all the relevant information and making alterations to it. He puts his signature and his clients then he will send the legal notice to the wrongdoer by post or courier and acknowledgment of the same should be taken.

Then wait for the response of the respondent, when the other party is not responding the lawyer would make a call to ask about the legal notice. 

Legal Notice Under Section 138 Of Negotiable Instrument act 1881 

In case of a cheque bounce legal notice format, there is a provision mandatory for sending a legal notice to the issuer of the cheque within the time frame of 30 days from the date of the cheque bounce. When no refund is made after delivery of legal notice within 15 days, after that period you can initiate legal proceedings in the court of law in 30 days.

Criminal provisions are also made in this regard under which a two-year sentence is defined or a fine or both.

In the legal notice of check bounce do you need to provide it in legal notice format.?

•  You have to provide the details of the transaction for which the cheque was issued, details relating to the cheque, details of dishonor, the date of issuance of the cheque, etc for drafting legal notice format for cheque bounce. 
• All the material facts relating to cheque bounce have to be in your draft, keep the draft simple in terms of language, and avoid using technical language to a great extent.
• Notice has to be sent through the registered post.
• Notice to be signed by both the lawyer and the payee.
• The legal notice has to be on the letterhead of the advocate. It should be clear, precise, and specific. So that the opposite party can fully know the address and contact details of the concerned person.
• The name, address, and contact number of the sender and receiver should be there in the legal notice at the commencement of the legal notice. 

Now Let’s Go Through the Draft Legal Notice Format in India.

The first paragraph should be like under the instruction of my client ———–resident of ———– I have to inform you as under. 

Every paragraph has to be drafted with the phrase My Client states that So that it can be ensured that everything stated in the draft is by the instruction of the client and nothing has been added on its own by the advocate. that the reputation of the advocate is not tarnished. 

Then in the third stage, you will write your grievance and what exactly you want from the opposite party. 

In the last paragraph, you tell the opponent that if their grievance is not taken care of within a specified time, they will be going to file a lawsuit.

In legal notices, the time limit is an important aspect therefore you have to define an appropriate period in which the opposition party has to response 

You can also state in the last paragraph if you are inviting someone to settle the matter then you can state that you are hereby invited to meet us to amicably settle the matter. It’s not always mandatory to give an ultimatum to the opposite party; you can invite them to discuss the matter. It will not hamper the resort to your legal remedies.

After that, you have to put in the signature of an advocate. This part of the Legal Notice Format is very important as you have to mention that the above notice is issued on the behalf of my client, and you should put your client’s signature there. It will act as the estoppel against your client.

Tenant Eviction Notice             

The rights of tenants are given under the rent control act 1948. When a room building is given in rent, it is controlled by the rent agreement signed between the tenant and landlord.    

Rent acts provide certain rights to the tenants and some to the landlord; tenants cannot be evicted from the premises without any reasonable grounds by the landlord, before filing eviction suits legal notice has to be given.                 

The Legal Notice Format for Rent Will Contain –

• The days on which the tenant has to vacate the house or property.
• The time and date on which land has to be vacated
• The reason for eviction. 

Legal Notice Format Of Tenant Eviction 

Name of Advocate

Address——————

Contact number————-

Email —————-

Date ————–

Subject——-legal notice of land eviction

 To

—–Mr. ——-son of———-

Resident of———-

Sir,

On the direction of my client —–son of——-R/o———I do hereby serve the legal notice.

That my client is the landowner of———-property——– situated ——— place

Measuring ———-sq. meters to Mr———-in the month of ———for the rent amount of ———–per month.  You and my client enter into a rent agreement on ——-for the period of ———month. 

It is settled between you and my client that if in case you fail to provide rent for four months consecutively my client is entitled to vacate the premises after serving the notice for one month. You have to immediately hand over the actual possession of the premises to my client.

I, therefore, call upon you on my client’s instruction to pay the due amount of rent——-along with interest and maintenance charges. And vacate the premises of my client immediately, within ——days from the date of receipt of this legal notice.

If you fail to do so on the instruction of my client, I will file the lawsuit in the court of competent jurisdiction under the provision of the Indian contract act and other applicable laws. In that case, you will be responsible for the costs, risks, and responsibilities.

A copy of this legal notice will be retained in my office for record and further necessary actions.

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