This article is written by Shreyanshi Maheshwari, and further updated by Isha Garg. This article talks about how to draft a legal notice and its reply along with its contents, procedure of filing, and formats of different legal notices. It also discusses in detail what is a legal notice and its purpose.

Introduction 

In everyday life, there are numerous instances when an individual or an organisation needs to take a legal action against another individual or organisation. These situations can arise from various disputes, such as consumer complaints, property disputes, cheque bounce, divorce, eviction from property, and many more, all of which fall under the umbrella of civil law. It is neither expected nor legally permissible for an individual to take the law into their own hands. Instead, they must pursue legal remedies through lawful means.

Before initiating a civil suit, it is essential for an individual to notify or warn the opposing party of their intention to take legal action. This notice serves as a potential opportunity in resolving the dispute amicably or avoiding the need for court intervention. It also upholds the opposing party’s constitutional right to be informed and to prepare defence. This approach aligns with the principles of natural justice embedded in the Constitution, ensuring that all the parties are treated fairly and given due process before legal proceedings are undertaken. It is based on the principle “audi alteram partem” which means “to let the other side be heard.” Therefore, serving a legal notice upon the opposite party becomes a legal as well as moral duty upon the party seeking the remedy. 

Legal notices are a common tool used by individuals or organisations to assert their legal rights and request specific actions from the recipient. Thus, we will explore the concept of legal notices and how to draft them.

What is a legal notice

A legal notice is a formal written document sent by a person or an entity concerning some grievance. A legal notice usually outlines the sender’s description of events, an account of the incident, the remedy sought, the law relied upon for seeking the remedy, and a warning of action.

It is drafted based on legal terms and conditions that require the recipient to formally acknowledge their acceptance. It is a significant first step in the litigation process and is sent before filing a lawsuit to inform an opposite party that legal action will be taken if certain conditions are not met. These notices are often used to address grievances about private or personal issues. 

It is given as a final warning to the recipient, indicating that the sender has specific grievances that have not been adequately addressed by the recipient. Sending a legal notice helps in resolving disputes amicably without engaging in costly and time consuming lawsuits. For instance, the sender could propose taking specific actions, making due payments, or engaging in mediation or arbitration. 

Legal notice under some statutory provisions

A legal notice is generally filed in civil cases. In the criminal cases, there is no requirement to file a legal notice because, in criminal cases, offence is the public wrong and legal action is brought by the state against the individual who committed the offence. In criminal matters the state holds the supreme authority. However, if you plan to file a civil suit against the government or public officer, you must first serve a legal notice to the government and only after doing so, can you proceed with filing a civil suit against the government. 

Similarly, under Section 138 of the Negotiable Instruments Act, 1881 serving a legal notice to the drawer of the cheque is mandatory. However, for other civil matters, if there is no express provision provided under the respective law then it is not compulsory but it is advisable to send legal notice as it protects one’s constitutional right of being informed.

Significance of filing a legal notice

There may be certain situations where you feel uncertain about how to begin legal action in order to resolve the matter. Filing a legal notice can be a new beginning to your litigation journey. There are various aspects due to which filing of legal notice is mandatory:

Adherence to legal requirements

In many legal matters, such as recovery of debt, enforcement of contract or any other matters, serving a legal notice is a mandatory requirement before initiating a suit before a court of law. For example, in civil cases where the government is a party, sending a notice under Section 80 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) is mandatory. Similarly, under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the NI Act, 1881), in cases of cheque dishonour, sending a legal notice within a specific time frame is compulsory.

Opportunity for resolution

Sending a legal notice serves as a formal warning or demand, providing an opportunity for the receiver to resolve the issue cordially, or comply with the demand, so that litigation can be avoided. This can save time, money, and resources for both parties.

Documentation and record keeping

Through a legal notice, we can create a formal record of the dispute or demand, which can later on be used as an evidence in the court of law to show that an aggrieved party tried to solve the dispute amicably before pursuing legal action.

Protection of legal rights

Sending a legal notice indicates the sender’s intention to file a lawsuit to resolve the issue, prompting the other party to potentially respond so that he can save himself from the court proceedings. It safeguards the sender’s rights by formally notifying the recipient. This can help in preventing defences such as lack of knowledge. It also protects the rights of the receiver by giving an opportunity to resolve the dispute through mutual settlement.

Generally, serving a legal notice is not mandatory in all civil cases. Its requirement depends on case to case and on parties involved. However, in practice, advocates often serve legal notices before initiating all civil cases. Despite this common practice, it is legally required to serve a legal notice only in the cases where suit is against the government or the public officer. The purpose of serving a legal notice is to give credibility to the claims of the sender by explicitly outlining all the liabilities of the recipient.

Important points to keep in mind when drafting a legal notice

Drafting an effective legal notice is the most important part of any civil proceeding and can also be a valuable skill in generating income. Therefore, before drafting a legal notice, a person needs to keep some points in mind. To ensure a well defined legal notice, following points should be considered:

• Identify the purpose of the legal notice: Firstly, a person should identify the specific reason for issuing the legal notice. This might involve demanding payment of a debt, addressing a breach of contract, or issuing a warning in case of defamation or property disputes. Clarifying the purpose will assist in framing the content clearly and concisely.
• Gather essential information: Gather all the essential information that will form the basis of the legal notice. This will typically include:

1. Full name, residence, contact details of both the sender (the person issuing the legal notice) and the receiver (the person against whom the notice has been issued).
2. Specific dates relevant to the dispute, the amount involved, details of contracts and any other pertinent information related to the dispute or claim.

• Consult relevant laws: Examine the relevant laws to the matter in dispute. For example, if the notice has to be issued under Section 138 of the NI Act, 1881, a person needs to ensure that the content and timing of the notice comply with the requirements of that section. This may involve researching statutes and regulations to understand the legal framework.
• Use clear and professional language: Ensure that the notice is composed in clear, concise, and professional language. Avoid emotional and abusive language or threats. Focus solely on the facts and legal requirements.
• Send the notice through appropriate channels: Use a reliable method to send the notice, such as a registered post with acknowledgement due or courier with delivery receipt. Retain a duplicate of the notice and the delivery receipt for your records that may be used in court proceedings.

Content of a legal notice

.          

Here is a general format and content guide for drafting a legal notice:

Date

A legal notice must be dated. It can be placed on either the right or left side of the letterhead, depending upon the chosen writing style.

Name and address of the receiver

A legal notice must be sent to the correct address and directed to an appropriate person to avoid any confusion. The initial step is to accurately identify the recipient. For example – In case of proprietorship, the notice must be sent directly to the proprietor himself. Similarly, in disputes related to companies, the notice must be sent to both the company and the relevant director or authorised representative of the company at the company’s registered address.

If an entity does not have a separate legal entity then the legal notice must be sent to its representative. For instance, in the case of a partnership firm, the notice must not be sent to the firm, rather it should be sent to the partners. 

In the case of Hindu Undivided Family (HUF), the notice is sent to the HUF and its Karta, the head of the family because HUF is one person in the eyes of law.

In the case of a suit filed against the government, according to Section 80 of the CPC, 1908, the legal notice is to be delivered to the Secretary, Collector of the District or the public officer at his office address.

Subject of a legal notice

It is a brief and concise statement that summarises the primary reason for sending the legal notice. It helps in capturing the core issue or dispute and stipulates what the notice is about, giving the receiver a clear and precise understanding of the dispute.

In statutory notices, it is compulsory to mention the subject of the legal notice, whereas there is no such compulsion in the notices that are sent voluntarily. However, it is advisable to mention the subject in all types of legal notices.

Body of the notice

It is the crucial part of the legal notice where the sender elaborates the facts and circumstances that led to dispute between both of them. A legal notice usually begins with the opening words “under instructions from my client Sri./Smt._____son/daughter/wife of______resident of_____, I hereby serve you a legal notice”. Afterwards following paragraphs should be set out:

• The relevant and incidental facts leading to the dispute. 
• The grievance which is the cause of issuing a legal notice.
• The redressal required from the opposite party.
• Mention the consequence of not complying with the notice.

The main object behind serving a notice is to clearly outline the beginning of the dispute that prompted its issuance. An advocate must effectively present the facts and circumstances in coherent and chronological order so that the party in fault (receiver of the notice) to whom the legal notice is sent can quickly grasp the nature of the legal notice. The notice must be drafted in such a way that it strikes a balance between being easily understood by a layman while maintaining its legal rigour. 

Each fact must be stated explicitly with corresponding dates clearly enumerated. The facts should be logically presented in order to provide a comprehensive background, which enables the recipient to identify the cause of action arising from the act or omission in question.

Tip: If any specific amount is mentioned in the legal notice, make sure that it is mentioned both in numbers and words. For example, Rs. 5000 (five thousand only).

The next step after mentioning the facts of the dispute is to mention the grievance of the case.

Grievance 

A grievance typically involves a perceived violation of rights, breach of contract, non-payment of dues, failure to perform a duty or any other wrongful act, or omission by the recipient that has caused harm or loss to the sender. It should be articulated in a precise and understandable manner, providing enough information to make the recipient aware of the issue and the potential consequences of non compliance. 

Relief sought

After the grievance, an aggrieved party needs to mention a relief which he seeks from the opposite party. The opposite party must clearly explain the following two things:

• The expectation of the sender towards the recipient of the legal notice.
• How does the sender want the grievance to be resolved by the opposite party?

An aggrieved party requests for damages under the following categories:

• Actual damages
• Remote damages
• Damages for loss of reputation
• Damages for mental agony etc.
• Time period for compliance

The legal notice must include the time frame within which the opposite party has to respond, or take action upon the legal notice. It will be based on one of the theories of natural justice that a certain time limit must be given to the other party. In case of statutory notices, the time frame is mentioned in the relevant section itself.

For example: Under Section 80 of CPC, 1908, a time frame of two months is provided, after which an aggrieved party may file a suit. Similarly, under Section 138 of the NI Act, 1881, 15 days notice is provided to pay the amount of cheque. However, for non statutory notices, there is no legal framework. The time frame is decided as per the volition of an advocate.

Concluding the notice

While concluding the legal notice, the sender should warn the recipient that he must follow the instructions within the prescribed time limits, to avoid the threatened legal action that can be taken against him. Furthermore, it should be mentioned that if the recipient fails to comply with the demands mentioned in the legal notice within the specified time, then the sender, on behalf of his client, will initiate legal proceedings. It should also be stated that a copy of the said legal notice has been kept by the sender for future legal action. Finally, the legal notice is signed by the sender. 

Process of drafting a legal notice

The use of usual words which are also written in a very casual way also contains legal significance and has legal consequences about which we may have no clue. Thus while preparing a legal notice we should be very cautious about the language that we use and also be very careful not to admit any fact, which may not be true or bonafide, which may be taken later on in the court of law. After sending a legal notice you cannot make any changes to it and at times, even you cannot negate the statements and information stated in the legal notice.

Step 1

Looking for an advocate with good drafting skills when looking for an advocate. A legal notice can be in any of the Indian languages but mostly English is preferred over the other languages. The notice should be addressed to the opposite party against whom you want to file a complaint or to whom you want to sue.

Step 2

When consulting with your advocate, give the detailed information including the names of the parties, the address of the parties, dates of the transaction done or to be transacted, problems or issues faced by you and any previous attempts of communication etc.

Step 3

The advocate then carefully considers the matter through the information given and then proceeds as follows: In the course of the conversation with you, the advocate raises and makes necessary and pertinent points of the conversation and in the process may seek for any additional information if any.

Step 4

The advocate then begins with drafting of the legal notice in legal language mentioning the purpose of giving the notice, all the previous correspondences by the sender to the addressee regarding the grievances of the sender and then gives 15 days or 30 days’ time for the addressee to resolve the matter in hand by negotiating and performing the required action.

Normally, lawyers on behalf of the sender of the notice depending on their grievances focus on the action to be taken in the mentioned time frame to fulfil the demand or seek a response.

Step 5

The legal notice is then signed by both the advocate and the client and then notice is sent through a registered post acknowledgement due. It is also ensured that the acknowledgment is retained. In normal practice, the advocate keeps a duplicate of the notice with him/her.

Step 6

While it is expected that the opposing party will respond to the notice upon receiving it, it is a common practice for the advocate to follow up with a call after a few days.

Demonstration of  legal notice

Step 1

Here is a specimen of the letterhead for an advocate who is issuing a legal notice. The letterhead should be precise and professional, it must contain the address of the office of an advocate and his contact details, allowing the opposite party to contact the advocate if desired. All the details including the date on which the legal notice is issued, the name, address and contact details of the person to whom the legal notice is issued is to be stated.

A legal notice should be served through a registered post acknowledgement due or through a courier. There is no formal procedure for issuing a legal notice. Therefore, the notice can also be tendered personally to the opposite party, as long as the opposite party is willing to receive it and sign an acknowledgment of its receipt. However, there is no compulsion to send a legal notice through a registered post acknowledgement due. or a courier only. The reason it is preferred to send it through registered post acknowledgement due. is that the receiver acknowledges the receiving of the notice on the registered post acknowledgement due. card which is then returned back to the sender, therefore, it becomes a document of proof as it regards the opposite party having received or receives the legal notice.

Now, getting into the notice the first paragraph should be “Under the instruction of my clients _______ residents of _______. I have to address you as under-”.  Generally, this format is followed but there is no hard and fast rule to follow this format only. You can also follow a different system.

For example- I am concerned for my client _______ who is a resident of _______ and accordingly, I have the privilege of addressing you upon his/her instructions.

Step 2

It is good practice to start every paragraph in the notice with the wording “My client(s) state”. It will ensure that the opposing party clearly understands that the statements in the notice reflect the client’s exact wordings and that they are not concocted or fabricated by the advocate. When this phrase is prefixed before every paragraph, the opposite party understands that the client is instructing the advocate specifically to state such statements in the notice and the opposite party understands that whatever the advocate is saying is based upon the client’s instruction so that the reputation of the advocate is not tarnished in front of the opposite party and helps in inviting the settlement.

The notice that is being discussed in the example here is a notice that is been issued by the landlord to the tenant for the purpose of recovery of rent, that is, the tenant has defaulted in making the payment of rent, therefore, the landlord is issuing a statutory notice to the tenant calling him to make payment of a specific period which the landlord should be constrained to pursue civil remedies before the civil courts.

You can see the contents of the notice below and know how to draft a legal notice and  what language is to be used while drafting, but one thing that you all need to keep in mind while drafting is that you always have to use the  prefix “My client(s) state” before every statement of yours.

Step 3

A key element of a notice is to clearly state what you are seeking from the opposite party. This should be stated in the last paragraph. While concluding the last paragraph, you instruct/intimate the opposite party that the opposite party has to do so and it should be done within the specified period of time failing which the sender will be constrained to avail the civil remedies.

In the legal notice, the time limit in which the receiver has to respond is an important aspect. You have to fix a specific time limit within which the opposite party has to act, because if the opposite party does not act within the specified time limit then it gives you an excuse to pursue legal action and it gives you a cause of action. Therefore, a specific number of days must be indicated. Preferably it should be 30 days because it gives the opposite party ample time to act and respond to the notice, or should he abide by or fulfil the contents of the notice.

You can also frame the last paragraph differently, that is, if in the event you are issuing the notice for the purpose of inviting a settlement than you can always state in the last paragraph that ‘you are hereby called upon to settle the matter amicably or that you are hereby called upon to meet me in the office’ or something of that sort for the purpose of settlement and it’s not always necessary to give the opposing party an ultimatum. You can also ask/invite the opposite party for a settlement. It will not affect your ability to pursue legal remedies in case the notice fails.

Step 4

Subsequently, you must sign the notice as an advocate. This part of the notice is also very important and in this, you have to clearly state that you are issuing the notice under the instructions of your client and you have to obtain the signature of your client. This serves as an estoppel, preventing a client from later claiming that the notice was issued without his consent because quite often this happens if the advocate has faulted somewhere then the client alleges against the advocate and files a complaint even before the consumer forum for deficiency in service. Therefore, if the client’s signature is taken then it prevents the client from saying that he did not read the contents of the notice. If the client can’t read English, then it is advisable to have the contents of the notice read and explained to them in a language they are comfortable with.

Sample formats of legal notice

Advocate name

Office address

Designation

Contact no:

Ref. No.________

Date: ________

registered post acknowledgement due.

To,

1- _______________

2- _______________

Subject: Legal notice under Section ____of _____ the Act, _____.

Dear Sir/Madam,

Under instruction and on behalf of our client _______ son of _______, resident of _______, I do hereby serve upon you with the following notice under section ___ of the _______ Act

1- That my client ______________.

2- That since ______________.

3- That on ______________.

4- That my client filed a demand notice ______________.

I therefore through this notice call upon you ______________.

A copy of this legal notice is retained in my office for further necessary action.

Name of the advocate

Notice under Section 138 of the NI Act, 1881 regarding dishonour of cheque

To,

Sh.(Name & Address)

________________

Sub:- Legal notice under Section 138 of the Negotiable Instruments Act for dishonour of cheque due to insufficient funds.

Dear Sir/ Madam,

Under instructions and authority of my client M/s. ________, with their office located at _________, I hereby serve you the following demand notice pursuant to Section 138 of the Negotiable Instruments Act, 1881 

1. That your business entity M/s _______ had purchased from my client goods (name and brief description of goods) vide their invoice bearing no. ___ dated ________ for Rs._______
2. On delivery of goods above mentioned, you issued a cheque bearing no. (cheque number)____ dated __________drawn on ____(name of branch of bank)__bank for an amount of Rs. _____ in favour of my client, towards discharge of your legally enforceable liability.
3. That when the aforesaid cheque was presented by my client M/s. ____ for encashment through their bank, the cheque was dishonoured and returned unpaid by your bank on____(date of return of cheque) with the remark or reasons “insufficient funds” or any other reason (specify the remark or reason mentioned by the bank).
4. My client further states that upon receiving information of the dishonour of cheque, my client immediately contacted you through phone call or whatsapp message and informed you about the same.
5. In response to our client’s call, you sent a message dated ____ requesting him to redeposit the cheque again with the same bank, assuring that it would be cleared this time.
6. Based on your assurance, my client redeposited the aforementioned cheque with your bank, however, this time again,  the cheque was dishonoured and returned unpaid by the bank due to lack of funds in the account.
7. That thereafter in spite of repeated phone calls and personal visits by the representative of our client to your office, you failed to make the payment of the cheque amount due to our client.
8. That on account of the above mentioned facts, you are liable to be prosecuted as per the provision of Section 138 of the Negotiable Instruments Act, 1881 as amended up to date under which you are liable to be punished with imprisonment which may extend to two years or with fine which may extend to twice the amount of cheque or with both.
9. I hereby this notice on behalf of my client calling you to pay the amount of Rs.________ being the principal amount of the cheque along with the interest @ ____ per annum from the date of date of receipt of notice till the payment of actual amount of money within a period of 15 days, failing which my client shall be constrained to initiate appropriate legal proceedings against you under the Section 138 of the Negotiable Instruments Act, 1881, at your risk as to cost and consequences. 
10.   A copy of the said legal notice has been reserved in my office for record and future course of legal action.

This is without prejudice to any other legal rights and remedies available to our client for the aforementioned purpose.

Date:………

Yours sincerely,

Name of the Advocate.

Legal notice by the purchaser for specific performance of contract

registered post acknowledgement due

……………………………..

……………………………..

……………………………..

Date ………………………

To,

…………………………..

………………………….

………………………….

Dear Sir/Madam,

Re: Legal notice for sale of house no. ………, situated at …………………………..

1.  You had agreed to sell the house no.…………….., located at ……………………………………………… to me vide an Agreement for sale dated ………………….. executed between both of us and pursuant to clause …………. of the said Agreement for sale, the Deed of Conveyance, must be executed within …………………. months from the date of said agreement.
2. I hereby notify you that I, the undersigned …………………. have been and remain ready and willing to perform my side of contract, provided you fulfil your obligations under the agreement. I therefore request that you complete the transaction within……(mention number of days)… .days from the date of this notice. Failing which, I will proceed to file a suit against you for specific performance of the said agreement for sale along with claim for damages and costs of proceedings. with damages and costs.

Yours sincerely,

Name of the advocate

…………….

Notice by vendor to complete the purchase of immovable property

………………………………..

Advocate

………………………………..

………………………………..

Date ………………………….

To,

………………………..

……………………….

………………………..

Re: Sale of House No. ……………., situated at …………………………………

Dear Sir,

Under instructions from my client Shri ………………….. etc. residing at …………………………………………………… I have to state as under:-

1. My client had entered into an agreement for sale dated …………… with you for sale of house No. …………, situated at …………………………………. for a consideration of Rs. ……….. and in terms of clause………….. of the said Agreement, the said transaction is to be completed within ………. months from the date of the said agreement.
2. My client was and is still willing and ready to execute a sale deed in your favour or in favour of any person as you may direct in accordance with the terms of the said agreement, but the same was not done for reasons of your own.
3. I hereby request that you arrange for the execution of the deed of conveyance entered between both of you , upon payment of the remaining consideration, on or before the ______date as stipulated in the agreement. Failure to do so would cancel the agreement and forfeiture of earnest money paid. However, this is without prejudice to my client’s right to seek recovery of all costs, damages, losses and expenses incurred by him by reason of your default due to non performance agreement. 
4. Yours sincerely,

Name of the advocate………

Notice under Section 80, the Code of Civil Procedure, 1908 against the government or public officer

……………………………..

Advocate

……………………………..

……………………………..

Date ……………………….

To,

Shri ……………………

Medical Superintendent,

………………….. Hospital,

…………………..

Re: Legal notice under Section 80 of the Code of Civil Procedure, 1908

Dear Sir/ Madam,

Under instructions and on behalf of my client Shri ……………. resident of ………………….. I hereby issue the following notice:

1. On or about ………(date of incident)………………….. you were the Medical Superintendent of …………………(name of the hospital). hospital. ………………….. and also you were also the head of the Deptt. of surgery of the same hospital.
2. Shri ……………. was admitted to the said ………………. Hospital on …………….(date on which she was admitted).….. for a surgical operation for removal of stones in the kidneys under your care and supervision and ……………. was fixed the date of operation of the said Shri ………………
3. During the operation of Shri………, you were personally present in the operating theatre and conducted the procedure with the assistance of junior doctors. 
4. After removal of stones, you negligently, carelessly or willfully left a large piece of cotton inside the patient’s body while stitching, resulting in severe pain for which you prescribed medicines during various follow up visits.
5. When my client continued to experience pain and inadequate treatment, he went to ………………….. and consulted Dr. ……………… at ………….. Nursing Home on ..(write date of visit) ……………… who identified the presence of a foreign object around the kidney due to which infection was caused. My client subsequently went through another operation on …..(date of second operation) at …..(name of hospital), where the cotton was removed and he was relieved from pain. 
6. Due to negligence and the resulting complications, my client, Shri …………, endured significant physical and mental suffering and incurred huge expenses for treatment related to the retained cotton. 
7. Therefore, my client demands damages amount to Rs………  from you ………. as compensation for physical and mental sufferings through which he went for treatment expenses, and Rs. ……………. therefore demands from you Rs. ………….. as damages for physical and mental suffering, Rs. ………………….. as expenses incurred by him in the operation and treatment, Rs. ………………. as expenses incurred by him in transport, hotel, etc. totaling Rs. ……….. and I hereby serve a notice upon you that if the aforesaid amount is not paid, then ………(name of the sender)………….. will, on the expiry of two months from the date of service of this notice, file a suit against you for the recovery of Rs. …………… as damages and expenses incurred by him, at your entire risk as to cost and consequences.
8.   A duplicate of the said legal notice has been kept with me in my office for record and for future course of action.

Yours sincerely,

…………………..

Advocate

Legal notice for breach of trust

By Advocate……(name and office of advocate)……….

Date:……….

To:…………(name and address of the receiver)……..

Re: Legal notice for breach of trust

Dear Sir/ Madam

Under instructions and on behalf of my client Shri ……………. resident of ………………….. I hereby serve you a legal notice as follows:

1. That my client is a …………. entity/individual engaged in business of ……..operating in the name of M/s…………. On or about …..(date)…., my client entrusted you with…………(mention properties, funds, any documents etc.) for the purpose of ……………….(mention the purpose for which the particular thing was entrusted). It was clearly mentioned and agreed by both of you that it would be handled with due care and in accordance with the terms and conditions mutually agreed upon.
2. That in contrast to terms and conditions of the agreement, you have intentionally breached the trust by …….(state the specific acts or omissions which led to breach of trust such as misappropriation, misuse or failure to return back etc). Such actions caused mental agony, loss and damage to my client.
3. Through this notice, you are hereby called upon to: 

• Immediately desist from………..(mention wrongful actions done by the receiver of the notice).
• Restore or return the entrusted property/funds/confidential information/ to my client into original form.
• If return or restoration of goods is not possible then compensate my client with an amount equal to the value of the said property.(mention the estimated amount).

4. Kindly note that if you fail to comply with the notice within (mention the number of days) from the date of receipt of the notice, my client will be compelled to begin appropriate legal proceedings against you in the competent court, holding you liable for all costs and consequences. My client reserves all rights to file civil as well as criminal proceedings for breach of trust and for specific performance against you in the competent court of law.
5. A copy of the said legal notice has been kept in my office for record and future reference.

Yours sincerely,

Advocate…….

Legal notice for divorce

By Advocate……(name and office of advocate)……….

Date:……….

To:…………(name and address of the spouse)……..

Re: Legal notice for divorce

Dear (recipient’s name)

Acting under instructions and on behalf of my client ……(client’s name)………. resident of ………………….. I hereby serve you with a legal notice as follows:

1. That my client, married to you on…..(date)…. as per (mention the law applicable on the parties like Hindu law, Muslim law or the Special marriage Act, 1954). The marriage was solemnised in the presence of family members and friends and is registered under the appropriate authority. 
2. That my client made his best efforts to maintain the sanctity of the marriage, there have been many instances that have led to irreconcilable differences between you and my client. (write down the instances which led to differences between the parties for example: 

• Desertion: (describe the duration and nature of the desertion).
• Cruelty: (mention the type of cruelty to which your client is subjected to like mental or physical cruelty. Also mention the specific acts that constituted the act of cruelty, with dates).
• Adultery: (Mention the details of adultery and the circumstances which made the client believe that his spouse is engaged in adultery).
• Any other specific grounds or reasons that have caused the marriage to break down.

3. In the light of the above mentioned facts my client no longer wishes to continue this marriage due to the mental harassment caused to him. Thereby, through this notice, you are hereby called upon to mutually agree to dissolve the marriage by filing a joint petition for divorce before the competent court of law, in accordance with the Section 13B of the Hindu Marriage Act, 1955 (in case Hindu law is applicable). 
4. If you fail to respond to this legal notice within (mention number of days) from the date of the receipt, my client shall be compelled to initiate legal proceedings for divorce before the competent court of law without further reference to you. In such a case, you shall bear all costs, expenses and consequences thereof.
5. Additionally, my client seeks an amicable resolution of all matrimonial related issues, including: 

• Custody of child, if any
• Division of joint assets of husband and wife
• Maintenance and alimony
• Any other relief deemed necessary.

6. That my client reserves all rights to pursue any other legal remedies available under the law to protect his/her interest.
7. A copy of the said legal notice has been kept in my office for record and future course of action.

Yours sincerely,

Advocate.

Legal notice against a company for manufacturing a damaged product 

By Advocate……(name and office of advocate)……….

Date:……….

To,

The Manager/ authorised representative

Company’s name and address

Re: Legal notice for delivering damaged product/manufacturing defective product

Dear Sir/ Madam

Under instructions and on behalf of my client Shri ……………. resident of ………………….. I hereby serve you a legal notice as follows:

1. That my client …………., purchased a (name of the product) from your company through your company through your online shopping portal/retail outlet on (date of purchase). The details of the purchase are as follows:

• Order number/ invoice number:
• Date of purchase:
• Description of the product received:
• Amount paid:
• Mode of the payment:

Upon receipt of the product on (mention date), it was product was damaged/defective in the following manner:

(Give the detailed description of the damage, defect, issue with the product.)

(Add photographs/ videos of the damaged product, the packing and any other relevant documents available for your reference.)

2. That my client promptly contacted your customer service department and talked to one of the executives on the date……………and lodged the formal complaint (mention the complaint number) requesting a replacement/refund/repair of the damaged product. However, despite multiple follow-ups, there has been no satisfactory resolution of the issue from your end.
3. That your company’s failure to deliver a product that is free from defects and is in merchantable quality constitutes a breach of statutory warranties under the Consumer Protection Act, 2019 and other relevant laws. Furthermore, your company’s negligence towards addressing my client’s grievance amounts to unfair trade practices and deficiency of service. 
4. That, through this notice you are hereby called upon to:

• Replace the damaged/defective article with a new product free from defects and should of merchantable quality.or
• Provide a full refund of the amount paid by my client, along with additional costs incurred, such as shipping charges or platform fees (if any).
• Compensate my client for the mental agony, inconvenience and financial loss suffered due to delivery of damaged or defective product.

5. That in case you failed to comply with the notice within (mention the number of days) from the date on which this notice has been received, my client shall be constrained to begin appropriate legal proceeding before the competent consumer forum. In such an event you will be liable for all costs, expenses and consequences thereof.
6. A copy of the said legal notice has been kept in my office for record and future course of action.

Yours faithfully,

Advocate….

Reply to the legal notice

An advocate is responsible for regularly drafting legal notices and preparing responses to those received by their clients. The reply to a legal notice usually follows the same format with a few additions. These additions focus on the client’s version of the events in question.

Replying to a legal notice is not as common as drafting a legal notice because as a practice, the receiver of the legal notice generally resolves the matter amicably or they end up before the court and initiate legal action. There is a need to file a reply to a legal notice when the legal notice is vexatiously drafted and also threatening in nature.

Contents of reply to the legal notice

It is similar to the contents of legal notice. However, it must contain additional details and paragraphs about the nature of legal notice received etc.

The body of the reply to the legal notice

Replying to a legal notice includes the elements of both replying to a plaint and drafting a notice. The reply typically starts by stating the basic details of the legal notice received for example, the date and the details of the entity on whose behalf the notice is sent, stating that all the events described in the notice are false and concocted. Generally, the reply starts with preliminary objections and then proceeds to the reply on merits, addressing each point and the paragraph specifically. This approach resembles the drafting of a written statement or rejoinder.

Concluding the reply to a legal notice 

Once the entire body of the reply to a legal notice is drafted then the sender of the reply to a legal notice lays down the instructions for the entity who receives the reply to the legal notice. 

Now that we have understood the essentials of drafting a legal notice, let’s understand some other related aspects: when to send a legal notice and what would be the best ways of doing so.

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:

• Complaints against employee: Notice to the employee for violation of the HR policies, sexual harassment at the workplace, leaving the job without handing over the resignation letter, violation of any provision of the employment agreement, etc. 

• Consumer disputes: Notice to a company for manufacturing faulty products or providing services regarding same, faulty services, false advertisement, etc. 
• Property Disputes: It includes mortgage, delayed possession delivery by the builder, eviction of the tenant, the partition of family property, etc.
• Cheque bounce: Notice to the drawer of the cheque for dishonour of cheque due to insufficient or no amount in the bank account. 
• Personal matters: Notice in case of personal disputes such as divorce, maintenance of wife, child, sick or old parents, custody of child, restitution of conjugal rights etc.

Section 80 of the CPC

Section 80 of the CPC puts a legal mandate that notice must be served to the government or public officer before filing a lawsuit against them in court of law. It provides that notice of 2 months must be served upon them prior to initiating a suit if one wants to initiate a legal action for any act claimed to be done by such a public officer during the course of his official duty. The main reason behind this is to give the Secretary of State or the public officer a chance to re-evaluate his legal position and to offer some kind of compensation without going to a court of law.

To whom notice should be addressed

• In case of a suit against the central government, the legal notice should be addressed  to a secretary to that government.
• In case of suit against the state government, the notice should be addressed to the secretary of the government or the collector of the district.
• In case of a suit against the government of Jammu and Kashmir, the notice should be addressed to the chief secretary of that government.
• In case of a suit against the central government where the suit is related to the railway, then it should be addressed to the general manager of the railway. 

In Bihari Chowdhary and Anr. vs. State of Bihar and Ors. (1984), the Apex Court held that “The object of the Section is the advancement of justice and the securing of public good by avoidance of unnecessary litigation”.

Details to be mentioned in the legal notice under Section 80

• Name
• Description
• Place of residence of the sender of the notice
•  Statement of cause of action. 
• The relief claimed by the sender of the notice. 
• Summary of the legal basis for the relief claimed.

The notice should also contain a statement that the legal notice has been delivered or left at the office of the government or the public officer in accordance with Section 80. 

Section 138 of the Negotiable Instruments Act, 1881

In the case of a dishonour of cheques, it is compulsory to serve a legal notice to the issuer of the cheque within 30 days from the date of dishonouring of cheque. If no amount of cheque is received within 15 days of receipt of a legal notice, then the aggrieved party can initiate a legal proceedings within 30 days from the date of expiry of notice period.

In cases where the issuer of the cheque does not pay the amount of cheque even after serving the legal notice then the drawer is said to commit an offence under Section 138 of the NI Act. The drawer of the cheque that has been dishonoured, may be punished with imprisonment of 2 years or fine that may extend to twice the amount mentioned in the cheque.

In the notice, you must include specific details about the transaction for which the cheque was issued, information about the cheque itself, details regarding dishonour of cheque including reasons, etc. through a lawyer. Notice should be signed by both the lawyer and the payee. Notice should be sent through registered post acknowledgement due.

Best ways to send legal notice

• Though, it is possible to draft a legal notice on your own, however, it is advisable to consult a lawyer so that he may help in drafting an effective legal notice.
• Make sure that the notice is drafted in the lawyer’s letterhead.
• Prefer a colour printout of the notice containing the lawyer’s firm name, if any is available.
• Always keep two copies of the legal notice, one with you and one with your lawyer.
• Post the notice in an envelope having the name of the firm of the lawyer.
• Client’s and lawyer’s signature is a must in the notice.

Conclusion

Drafting a legal notice is a crucial step in asserting one’s legal rights and initiating a formal process of communication before instituting a suit in a court of law. A legal notice is a formal legal document that is being prepared by an advocate for his client. Though it is not compulsory to send legal notice before the filing of a suit, it is still considered as a very important document in the course of any legal proceedings as in most of the cases actual disputes or issues get resolved even without going to the court of law by merely serving the notice. The effectiveness of a legal notice largely depends on the advocate’s drafting skills, particularly how they present the issues clearly, and how he drafts the issues involved in a presentable manner for the receiver.

To achieve this, it is important to adhere to a clear format, presenting all relevant facts, legal grounds, and demands in clear and precise language, including the correct identification of parties, factual account of events and relief sought. By following these guidelines, one can draft and send a legal notice effectively which efficiently communicates their position, protects their interests, and promotes a resolution without costly and time taking process.

Frequently Asked Questions (FAQs)

How is a legal notice different from a court notice?

Legal notice acts as a warning to the opposite party sent through an advocate on behalf of the client. It gives a chance to the other party to rectify their mistake in the given time frame so that legal proceedings can be avoided. However, the court notice is directly sent from the court to the other party to appear before the court for a hearing unlike a legal notice, it’s not a warning; rather; it’s a summon.

Can I draft and send a legal notice without hiring an advocate?

Yes, you have the right to send a legal notice on your own. However, consulting a lawyer ensures that the notice adheres to legal standards and correctly applicable laws.

Is it mandatory to respond to a legal notice?

Generally no, as it does not carry the same importance as a court summon but there are consequences that a person may face:

• It helps in making a strong case 
• The court may presume that all the claims and demands are accepted by the receiver.
• Lost opportunity to resolve dispute amicably out of the court.

References

• https://www.manupatra.com/corporate/Blog/drafting-legal-notice.aspx
• https://timesofindia.indiatimes.com/readersblog/lawpedia/how-to-send-a-legal-notice-in-india-50516/
• https://www.manupatra.com/corporate/Blog/legal-notice-reply.aspx

---

Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skills.

LawSikho has created a telegram group for exchanging legal knowledge, referrals, and various opportunities. You can click on this link and join:

https://t.me/lawyerscommunity

Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content.