It's all about legal drafting and how to draft a legal notice. What is legal notice and what are its essentials. Legal Crpc, cpc, ipc , Indian penal code writs , petition, write certificate of insurance scheme service centre near future. Without distorting any facts about India and Pakistan and Bangladesh officials are involved in the end.

1. Drafting Legal Notice

3. Introduction
There are several occasions when a person or an entity needs to take a legal
action against another person or an entity.
The several occasions can be consumer complaint, property dispute, check
bounce, divorce, eviction and many more.
However, it is important for you to inform the other person that you are going to
initiate a legal action against them. That is the reason, you send a legal notice to
a person or an entity.

4. Cont.…
• Every form of formal communication has a pre-planned arrangement that everyone
who participates in it is required to adhere to in order to be successful.
• This pre-planned arrangement is known as a format.
• Legal Notice is one such type of formal communication which has its own format
which details how and what information needs to be provided in the notice.

5. Cont..
It is necessary for a lawyer to stick to the format of legal notice while drafting it.
• A well-drafted legal notice helps a person to avail the quickest remedy.
• And It makes the recipient agree to the terms of the party who is sending the notice
and thus eliminates the need to take the matter to court.

6. Legal notice meaning
• A legal notice is a formal written communication between the parties.
• The legal notice is a document which is sent by a lawyer on the instructions of his
client to a person.
• Through a legal notice, the sender notifies the recipient about his intention of
undertaking legal proceedings against the latter.

7. Cont..
A legal notice also helps in making the receiving party aware of the grievances of the
sender.
• It works as a last warning to the receiver to fulfil a certain condition if he does not
want a court battle.
• In India legal notice is considered to be the first step involved in legal proceedings

8. Importance of filing a Legal Notice
• It is often regarded and said by the top Supreme Court lawyers in India that
legal notice creates the basis of almost every legal action in India.
• It is a very time and cost-effective tool for settling the matters without any
litigation procedure but rather through negotiation, mediation or arbitration.
Certain situations may arise where you get confused about how to initiate legal
action in order to resolve your client matter. The filing of a legal notice gives a
new beginning to your journey of litigation.

9. Legal provisions related to legal notice
• A legal notice is sent under section 80 of the Code of Civil Procedure, 1908. • A
legal notice is usually filed in civil matters.
• There is no filing of the legal notice in criminal cases as in case of a criminal
offences the action is instituted by the State against the person committing the
offence.
• However, if one intends to initiate a civil suit against the Government a legal
notice must be served to the Government beforehand and only thereafter a civil
suit can be filed against the Government.

10. Is serving of Legal Notice mandatory?
As per Section 80 of the Code of Civil Procedure, 1908 it is mandatory to serve a
legal notice before the filing of a suit if the opposite party is Government or
Public officer.
• But, in practicality, it is seen that Advocates serve legal notice before the filing
of all the Civil cases.
• However, it is not mandatory to serve a legal notice in all civil cases except in
case of the filing of a suit against Government or Public officer but formally it
has been sent by the party intending to sue.

11. When to send a Legal Notice?
There are numerous reasons for which you can send a legal notice to a person or
an entity. However, the most common ones are:
• Disputes related to property such as mortgage, delayed possession delivery by
the builder, eviction /ɪˈvɪkʃ(ə)n/ of the tenant, the partition of family property,
etc.
• Notice to the employer for wrongful termination, unpaid salary, violation of
any right of the employee by the employer, etc.

12. Cont.…
Notice to the employee for violation of the HR policies, sexual harassment act at the workplace,
leaving the job without handing over the resignation letter, violation of any provision of the
employment agreement, etc.
• Notice to a company manufacturing or providing service of faulty products, faulty services,
false advertisement, etc.
• Notice in the case of cheque bounce to the issuer of the cheque. Eg. R. V Roja case
• Notice in case of personal conflicts such as divorce, maintenance, child custody, etc

13. Content of legal notice
• The aggrieved person/ group of persons can draft the notice on their own, but it is a wise
option to get it drafted by an experienced Legal practitioner.
• A well-drafted Legal Notice is made on the letterhead of the Advocate having his address and
contact details and must also contain the following information-
• The title of legal notice
• Matter and facts
• Sender’s demand and requirements
• Result and consequences

14. Sample Legal Notice
A person ‘X’ took goods on credit from ‘Y’ on 7th January 2022, during the
ordinary course of business on the pretext of paying for it after 2 months. Now,
if ‘X’ fails to make the payment for the goods after expiry of 2 months, ‘Y’ can
send a Legal Notice for recovery of money.
Following things will form the content of Legal Notice:

15. The title of legal notice
The title must be short, and informative, which can give a glimpse of the matter, which is
discussed in the notice, moreover, the perfect address should be mentioned so that the notice
reaches the correct destination and to the correct person.
In the above example, the title of the notice can be:
“Notice for the recovery of money on account of credit sale of goods.”

16. Matter and facts
• This part mentions the cause of the concerned notice.
• The acts which have intentionally or unintentionally created a problem for the sender should
be precisely stated.
• If there are any previous communications related to the matter that must also be referred.
• No vital information related to the matter should be left out.
• In the above example, the body of notice will look like:
• That you bought goods on credit from my client on 7th January 2022.
• That you promised to make the payment to my client within 2 months.
• That you failed to pay the amount till March 1, 2022.

17. Sender’s demand and requirements
• The demand of the sender of the notice needs to be carefully drafted and mentioned in the
notice.
• The sender can either ask for specific performance or monetary compensation for the
grievance and mental harassment that he had to suffer due to the conduct of the other person

18. In the above example, the demand
clause will look like:
“I, therefore, through this Legal Notice call upon you, on my client’s behalf, to make the payment
of Rs.____/- in favour of my client, within ___ days from the date of receipt of this Legal Notice
along with interest of Rs.___/-.

19. Result and consequences
• The result of not complying with the conditions of the Legal Notice is to be mentioned in the
notice itself.
• The consequences will act as intimidation for the addressee to take necessary action in the
stipulated time.
• The addressee should be given a reasonable time, say 20 to 30 days to settle the matter by
either negotiation or otherwise

20. In the above example, the result clause
will look like:
In the above example, the result clause will look like: “In the event of failing to do so, my client
has given me the clear instructions to file a Suit for Recovery along with Civil and Criminal suits
in the competent court and in such event, you will be fully responsible for all the expenses,
costs, risks, and consequences thereof.”

21. Conclusion
A legal notice is an important way of communication between the parties.
A well drafted legal notice can make the parties resolve their disputes without indulging in the
hassle of a formal legal proceeding and thus can save time and costs.
The best lawyers in Indian often consider that legal notice is a highly essential legal document
as it can pave way for negotiations and settling of disputes beyond the Courts.

22. Sample Tenant Eviction Notice
ADVOCATE OFFICE Address_________
Contact No.: ______________ Email: _________________
Ref. No._____ Dated: ___________
REGISTERED A.D.
LEGAL NOTICE
To, (Name and Address of the Recipient.)
______ Son of _____
Resident of ______________
Sir,

23. Having instructions from and on behalf of my client _____ son of _____R/o _____, I do hereby
serve you with the following legal notice: 1. That my client is the owner of _____. 2. That my
client let out the shop, SCO No.________, measuring ______sq. Metres to you in the month of
_____, _____on a monthly rent of _____/- per month plus _____/- per month as maintenance
charges. 3. You and my client entered into Rent Agreement on _____ for the period of _____
months. 4. That it was also settled between you and my client that in case you fail to pay the
monthly rent consecutively for a period of two months to my client, then my client shall be
entitled to get the rented premises vacated immediately and you would hand over the actual
physical possession of the rented premises to my client. (Statement of facts.) 5. That you have
paid the rent of the rented premises to my client up to the _____ and thereafter you have not
made any payment till date. (Cause of action.)

24. 6. That my client demanded the rent due to him _____/- per month for the months of
_____ amounting to _____/.
7. That as per the terms and conditions of the Rent Agreement, the said Rent
Agreement was executed for the period of only_______ months i.e., up to _____
and the period of tenancy has already been completed, therefore, the Rent
Agreement dated _____ has expired. Now my client is not interested in continuing
with the tenancy and wants you to vacate the said premises. (Reason for eviction).
I, therefore, through this legal notice call upon you to pay the due amount of rent _____/-
along maintenance charges and interest and vacate the premises of my client immediately,
within _____ days from the date of receipt of this legal notice. (Relief demanded by the
Plaintiff).
In case you fail to do so, then my client has given me clear instructions to file legal
proceedings against you in the competent court of law under the provisions of the Indian

25. Contract Act and other applicable laws. In that event you shall be fully responsible for all
costs, risks and responsibilities. (Legal basis).
A copy of this legal notice is retained in my office for record and further necessary action.
Advocate.
In Bihari Chowdhury v. State of Bihar [AIR 1984 SC 1043], Supreme Court has stated that “The
object of the section is the advancement of justice and the securing of public good by avoidance
of unnecessary litigation”.