When a person decides to take legal action, one of the first steps involved, is sending an official communication to warn the offender of his intentions when a specified condition was not complied upon as agreed when the contract was signed between both the parties. For instance, a legal notice can be issued to a tenant for not paying the rent as per the agreed terms and conditions before moving into the property of the owner’s house. Therefore, this gives the landlord the right to send a legal notice to the renter with immediate effect of paying the dues before the specified date or vacating immediately.
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.
What is the purpose of 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.
Essentials of Section 80 of Code of Civil Procedure, 1908
- Name, description, and 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.
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.