There are several instances where one feels that their legal rights have been violated by another party. A Legal Notice can be sent to the other party in such instances before formally initiating court proceedings or any other mode of Dispute Resolution. It specifies the grievances of the party and the remedies demanded. It provides a chance for the other party to amicably resolve the dispute without the initiation of legal proceedings.
Benefits of a Legal Notice
- The parties are provided with a final chance for resolution of the issue before the court proceedings are initiated.
- The party to whom the notice is sent is clarified of the intention of the other party to initiate legal proceedings if the resolution is not provided.
- The clarity provided about the grievances and demands of the affected party can lead to an early resolution of disputes in some cases.
- The parties may choose to adopt an alternative method of dispute resolution instead of the traditional method of litigation which can save both time and cost for both parties.
- It serves as proof in Court that the other party was notified of the grievances and disputes beforehand, but a settlement could not be reached.
- The sending of a Legal Notice is mandatory before the initiation of legal proceedings in certain cases.
How to send a Legal Notice?
- In case you feel that your rights have been violated or you have a grievance that gives rise to a legal dispute, you can draft a legal notice or hire a lawyer to draft one on your behalf.
- The notice should include the nature of the grievance, the legal provisions under which the rights have been violated, and the resolution which has been demanded.
Need an Advice from Expert Lawyers?
Call us Today!
When is it mandatory to serve a Legal Notice?
In the following instances, it is mandatory to serve a legal notice before the institution of Court Proceedings.
- Under Section 80 of the Code of Criminal Procedure (CPC), it is mandatory to send a legal notice to the Government or a Public Officer with respect to any act done in an official capacity. A lawsuit can be filed only after the expiration of two months after the delivery of the legal notice.
- In cases of dishonour of a cheque, it is mandatory to send a Legal Notice to the drawer within a period of 15 days of the dishonour of the cheque under Section 138 of the Negotiable Instruments Act. If no payment is made within 15 days of the receipt of the notice, a suit must be filed before the magistrate within 30 days after the expiry of the 15-day period after sending the notice.
How to Respond to a Legal Notice?
There are times when you could be served legal notice and it can be puzzling as to how to respond at first. In such instances, the following steps can be taken to respond to a legal notice.
- Read through the contents of the notice and consult a lawyer to understand the implications of the notice and its contents.
- The lawyer can advise you as to the correct response to the notice or if the notice does not merit a reply.
- The lawyer can draft a reply on your behalf and send it to the concerned party.
Getting justice for our clients is our priority. As they say, “Justice delayed is Justice denied”, Our approach has always been to help our clients to sort out their disputes in a timely manner and amicably.
We are a team of Attorneys, Chartered Accountants and Property Managers, each of whom is an expert in its own field so as to satisfactorily assist you in your property or legal matters.
Our Team of experts strive to provide best possible solution & earn the trust of our clients by sending them legal updates regarding their cases/ transactions in the form of a monthly legal report.
From Our Clients
I am trying my best to put gratitude in words for Mr. Jaspreet Benipal. They way he helped me / guided me for my case in India (having some foreign court connection) is really commendable. He has not only saved my time but money too. My lawyer had been misguiding me since last 2 years but when I consulted NRI Legal Consultants, Mr. Benipal advised me the best way which worked in court. Thank you Jaspreet Benipal ji and team NRI Legal Consultants for all the help. I would recommend people to use your expertise in their legal matters. Sometimes, only a second opinion matters.
If you are an NRI, I highly recommend calling Jaspreet to discuss your legal matters. He is direct and clear in his communication unlike the many other lawyers I talked to India. I felt Japreet was genuine in has advice and very knowledge about the judicial system in India. I suggest don’t waste your time with the other Lawyers that over-promise and under-deliver just to collect fees in India, give NRI Legal Consultants a try.
Excellent service! The team is really knowledgeable, courteous and efficient. Also, they’re helping who cannot afford a lawyer, which is in contrast to other law firms in India as they are genuinely trying to provide legal assistance to everyone. So, don’t hesitate to contact them for any kind of legal assistance. Thank you!
Receiving the news of a police complaint filed against you or your family members in India when you are an NRI residing abroad can be a distressing experience. It's essential to know how to handle this situation legally and effectively. In this blog, we'll outline a...
Being an NRI (Non-Resident Indian) doesn't mean you lose your rights and protections in India. If you believe that you've been a victim of an offense committed by someone in India, there are legal avenues you can pursue, even while staying abroad. In this blog, we'll...
The capital gains from the property which is sold by NRIs in India are liable to be taxed in India. The amount of tax that is to be paid on the sale of such property is dependent on the fact whether such a gain is a Short-Term Capital Gain or a Long-Term Capital Gain....
Contact Us About Your Case
We Provide a legal consultation relating to all your NRI related enquiries in India. This consultation includes a proper review of your legal- enquire/case and a phone call with one of our Attorneys. Our team believes that it is very important to understand our clients before they engage us as their attorneys.