Getting straight to arbitration, leaves no time for the aggrieved party to produce or attain perfect documentary evidence for any wrongdoing. Legal matters in India are all dealt with supportive documents and with reports of all preliminary actions taken by the aggrieved party to stop the reported offense.
Sending a legal notice to the wrongdoer is considered as a healthy legal practice before filing a legal suit against him. For deficiency in commitment, a legal notice work as a measure for out of court settlement for the aggrieved party and as an opportunity for the wrongdoer to move away from a future legal arbitration.
For legal notice, the person drafting should be a brainstorm savvy who withholding prior legal knowledge can draft a polite request to the other party for meeting the commitment, intently adding a sort of legal warning to it. So, it is advised to take the help of a legal professional for drafting legal notice.
What is a Legal Notice?
A legal notice is an intimation in last resort made or prepared by a party either though his legal representative or any legal agency against another party (defendant or respondent) for non-fulfillment of any commitment or any deal affecting his rights, obligations, or duties. It can either be issued as a request, as intimation, or as a legal warning.
Legal notices are of extreme importance, as they intimate a party that they might be sued if the provisions there in the notice are not met timely. Along with the formality of context, a legal notice is also inclined several other formalities which confirm the legality of it to be a legal document like attestation by government authorities, payment of stamp duty, and government fees, sending the notice through government posts, suppression of facts, etc.
Legal notice can be served for any of the following purposes:
- Property dispute
- Bounced cheque
- Personal / Commercial dispute
- Intellectual Property dispute
- Employment dispute
- Breach of any contract or agreement or
- Any other reason
Why issue a Legal Notice?
A legal notice is very important to negotiate with the other party, as in most cases disputes are resolved just by receipt of legal notice.
To bring an informal commitment to the legal aspects: The basic purpose of sending a legal notice is to transform a commitment made informally to legal lines. A legal notice itself becomes a proof where the other party is held into an obligation to respond to the notice with either acceptance or rejection of claim within 30 days or the prescribed period of notice.
To mandate response for the defendant: A commitment between parties is on the intent of both, with no obligation, both parties do not find it important to respond to each other. But in case of a legal notice, any advisory or intimation received is to be responded. It becomes obligatory for the defendant of commitment to respond to the legal professional issuing the notice.
To provide an alternative course to resolve the dispute : There is no perfect way, other than a legal notice to grab the attention of the respondent towards an alternative provided by the aggrieved party to resolve the dispute out of court. Most disputes are resolved within parties with the provided alternative.
How to assure the preparation of a Perfect Legal Notice?
Include necessary clauses and timelines: A legal notice should be simple, concise, and should be straight on point. It should include all basic details the name of parties, the purpose of notice, consequences, alternative, dispute resolution, etc. Also, a legal notice is not all about adding mindful clauses but it is also about providing appropriate timelines for the response of the recipient or for payments.
Take the advice of a legal consultant: A legal notice is to be served purely on legal terms, enclosed with attestation of appropriate authorities. It is advisable to take the help of a legal advisor for drafting a legal notice. He is much inclined to law matters and the relevant sections/provisions applicable. A legal consultant will frame a legal notice with all legal conformities.
Disclose all material facts: Never ever try to hide any facts or any relevant information in lieu of which the legal notice is to be drafted. The preparation should be clearly informed of the matter and about all relevant facts related to the transaction or the reason for which the legal notice is to be drafted.
Assure payment of all legal charges: A legal notice should be issued with confirming all inclined legal payments like payment of stamp duty, payment of registration charges, payment of legal fees for which obtaining a receipt is advised.
Why consult TaxReturnWala for Legal Notice Preparation?
TaxReturnWalais an online venture well known for the expertise and proficiency of its legal experts.
We at TaxReturnWala, possess a power pack team of legal consultants and corporate professionals, aligned to take away all your compliance worries in the business world. We help individuals, companies, associations, Start-ups grow through our strategic decision making and robust advisory. We assure a compliance free environment for our prospects, where they focus on their business and its growth and in between our prospects take care of their compliance work.
With consulting on legal arbitration matters and litigations, we also provide advisory on all matters related to:
- Legal Documentation
- Project Report planning& preparation
- Corporate analysis
- Legal notices
- Legislations and different sections
- Mediatory resolutions
- Contracts and Agreements
We have multiple contact options for you to reach us with your queries in the domain of law
Email us at firstname.lastname@example.org
Talk directly to our legal consultant us at +91 90-1535-1535