INTRODUCTION

All legal action can only be taken once notice has been served upon the entity or individual you
wish to take to court. It is only this process that legalises bringing a matter to court. The intimation
sent is known as a legal notice.
A legal notice is, therefore, a formal communication to a person or an entity, informing the other
party of your intention to undertake legal proceedings against them.
This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the
party aware of your grievance. Many a times, a legal notice served will bring the other party on
heels, and the problem can get resolved out of court too, with fruitful discussions on both sides.
And, if the other party is still not heeding to the grievance, one can always start the court
proceedings after a particular interval, as stated by the law.
Although a legal notice can service as a purpose of negotiations between the parties and save time,
effort and money that are usually spent in court cases.

Essential Information
A legal notice is filed as per Section 80 of Code of Civil Procedure, 1908 and is only filed in civil
cases. A legal notice is an intimation and thus carries the following information:
1. Precise statement and facts relating to the grievance for which the action is to be taken.
2. Alternatives/relief sought by the grieving party.
3. How are the relief/problem in hand be solved, a summary of facts and the way it can be solved.
A complete brief of the problems that the aggrieved party is facing, combined with what can be
done to resolve the issue need to be clearly mentioned. The last past of the Legal notice should
contain a detailed account of how relief can be obtained/problem solved, if mutually agreed upon
the grievance.
A perfectly crafted legal notice, can act as a mediator between the two parties and help solve the
issue out of the court, if both of them are willing to compromise on the issue.

Filing a Legal Notice

A legal notice, although a simple document, requires precision and accuracy and use of definite
language to ensure the message sent across is correct. A legal expert or an agent can help in putting
forth the legal notice as per law and wording it as required for the particular issue.
1. The first step is to draft a legal notice, with the issue, the relief sought and a definite time frame
(say, 30 to 60 days) to solve the issue, is to be addressed to the other party, and sent through a
registered AD post.
2. After sending the notice, save the copy of the receipt sent. This may come in handy in case of
filing for the court case.
3. Wait for a given period, before the filing of the court case.
4. Now, the person or entity on whom the legal notice is addressed will have the above mentioned
days to revert back with the notice or agree for out of the court settlement.
Although the other party may or may not reply to the legal notice, it is essential for a person on
whom the legal notice is addressed to send a reply within the stipulated time. If not replied to a
notice, one may be at a disadvantage of not following the law, and thus, may give the other party
undue advantage while appearing in the court.
A legal notice can be sent personally too. One can draft a legal notice, and authorize it before
sending it to the other party. However, since wording a legal notice is extremely important if the
case reaches the court, and citing of aw under which you have raised the claim is essential, having
an expert in law to make the copies of the legal notice will work to your advantage.
The same applies to replying to a legal notice too, since here too, one may not know the appropriate
law to be used, to revert to the claims demanded by the other party.

Notice By Advocate Claiming Damages For

Defamation

Advocate
..
..
Date .
TO,
Shri ..
..
..
Dear Sir,
Under instructions from my client Shri X, I have to call upon you to pay the principal amount
together with interest due on the deed of mortgage dated the .. day of
.., 2000, made between yourself of the ONE PART and the said X of the OTHER
PART, which has become due and repayable to the said X on the .. day of
., 2000, failing which, I have the instructions to file a suit against you for
foreclosure of the mortgage property.
Yours faithfully,
..
Advocate
Notice By Landlord To Tenant For Demand Of Possession Of House Af
ter Expiry Of Lease Period
Shri.________
Advocate
Registered A.D.
Date________
To_______________

Dear Sir,

Under instructions from my client Smt. ______ wife of Shri ______

resident of __________ owner of the house bearing No. _________ I hereby
give you notice that the lease deed dated ________ made between my
client and you in respect of premises No. __________ (hereinafter referred
to as demised premises), has expired by efflux of time on the ________day
of ____ 2___, and I hereby call upon you to quit, vacate and deliver quiet
and peaceful possession of the demised premises on or
before the ____________ day of ________, 2__, failing which my client will file
a suit against you for recovery of possession of the demised prem
ises and for damages, which may be sustained by her by reason of your
willfully retaining possession thereof and for breach by you of the
covenants contained in the lease deed.

Advocate

Notice Of Dishonour Of Bill Of

Exchange To
Drawer
......................................
..........................................
..........................................
Date ...................................

TO,

ABC

..........................................
..........................................
Dear Sir,

I hereby give you notice that a bill of exchange No. ..................

dated .................. for Rs. ..................... drawn by you on XYZ
(drawee) son of ..................... of .....................
and payable to me or order ..................... days after date has
been dishonoured by non-acceptance (or by nonpayment) and
protested (in case of a foreign bill) and you are held responsible
for the same.

Yours faithfully,
....................................

Notice Of Retirement By A
Partner
.......
..................................
....................................

Date .............................

TO,

1. ................................

2. ................................

Dear Sir,

In terms of clause ............. of Partnership Agreement

dated .......... and made or expressed to be made between the
undersigned of the ONE PART and you both on the second and
third parts, I hereby give you notice that I intend to retire from
the partnership with effect from the ................ day
of ................, 2000.

Yours faithfully,
................................
Partner
FORM FOR NOTICE OF CHANGE OF ADDRESS OF THE
FIRM

Firm Name

Registered Address

I, Shri ................................. hereby give notice pursuant to

section 61 of the Indian Partnership Act, 1932, that the changes
specified below have occurred in the firm:

(a)The firm has discontinued business at

(b)The firm has begun to carry on business at

I declare that all the above particulars are true to the best of
my knowledge arid belief as on
this date.

I/We also declare that up to the date of submission of this

application there has not been any change in any of the
particulars previously intimated save and except the change
notified above.

Dated this ............... day of ............................ 2000.

 .........................
Signature

Certified that the person who has signed this notice has signed
it in my presence and he has affirmed that particulars furnished
therein are true.

.........................
Signature of the Witness

Notes:
(1) Strike out item not required.
(2) This notice must be signed by a partner or his agent
specially authorised in this behalf in the presence of witness
who must be a Gazetted Officer, a Justice of Peace, a
Magistrate, an Attorney of the High Court, an Advocate, a
Pleader or a Chartered Accountant.