How to write a legal Notice - Helpline 9962999008

A legal notice brings the wrong perpetrated to the attention of the person alleged to have injured / harmed, and calls upon him to fulfil the demands of the aggrieved person within a stipulated period, or else, face legal consequences. It is a step prior to initiating civil proceedings. A notice is sent by the aggrieved person, i.e., the person who has suffered some injury or damage due to the act or omission of another, to the person who is alleged to have caused the injury or damage. A notice may be sent by the aggrieved person or through his lawyer.
ESSENTIALS of a legal notice :
• it should be in writing;
 • it should be in the format of a letter;
 • it should contain the name, designation, if applicable, and address of the sender;
• it should contain the name, designation, if applicable, and address of the person to whom it is sent;
• it should be dated;
• it should contain the facts denoting the injury caused by the alleged wrong-doer;
• it should include the steps required to be taken by the wrongdoer to cure the wrong and / or compensate the aggrieved person for the injury caused;
• it should contain the time period within which such steps should be taken by the alleged wrong-doer; • the last paragraph should state that if appropriate steps are not taken as mentioned in the notice, he will have to face the legal consequences for the injury caused;
• it should be signed by the aggrieved person or his lawyer;
• it may contain as enclosures, photocopies of documents that the aggrieved person wishes to rely upon in support of his claim.

Litigation under certain laws, such as the Chennai Municipal Corporation Act , can be filed only if prior notice has been served upon the party against whom a claim has been made, except if a case for urgency is made out. There should be proof to show that the notice was sent by the aggrieved person and received by the wrong doer. When it is transmitted by hand delivery, service is acknowledged by obtaining the signature of the recipient on a copy, along with date of receipt – the signatory maybe the alleged wrong-doer himself or his representative. When the notice is not transmitted by hand, it should be sent by Registered Post A.D. or by Courier so that the aggrieved party is able to show its transmission and its receipt by the alleged wrong-doer or his representative. The period within which the wrong requires to be remedied runs from the date on which the notice was received, hence, date of receipt is crucial. The alleged wrong-doer, on receipt of the notice, may satisfy the demands in whole or in part, or may reply to the notice himself or through a lawyer. The wrong-doer is described as ‘alleged’ because at the notice stage, no court has adjudicated his wrong-doing.

The Authour K.P.Satish Kumar M.L. is the leading Civil lawyer in Chennai
Team Daniel & Daniel Helpline @ 9962999008