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Sep 21, 20234 min read

Is It Mandatory To Draft Legal Notice In English ?

A situation may arise when a person or an entity would be needed to take legal action against an entity or another person. However, it is important for the other person to have the knowledge that you are going to initiate a legal proceedings against them, hence for this reason a legal notice is sent to the defendant.


In India, for example divorce could be initiated by either of the parties as provided by the law. Different divorce laws have been provided by the law for different religions as per their own religion, but, any divorce proceeding in the Court of law would start with sending a lawyer’s notice. Sending a legal notice is, therefore a formal way of communicating to the other party one’s intent to take a legal action, or it can also be seen as a final effort to reconcile as well.

Legal Notice-


A legal notice is a formal communication to the other party, informing him or her about the grievance faced by the sender as well as his or her intention to initiate legal proceedings. Hence, a Legal Notice is also a formal intimation by one party to the other informing about the intention of the sender of initiating the legal proceedings.


Procedure for sending a legal notice-


A proper procedure is there to be followed under the law to send a legal notice. Steps mentioned below must be taken into consideration before sending a legal notice-

  1. On of the most important step when sending a legal notice will be the appointment of an experienced advocate who has better drafting skills and necessary technical knowledge related to the field which is related to the grievance suffered by you, who will be able to help you with the drafting of legal notice -

  • On the advice of the advocate, a legal notice explaining the various facts and the issues which caused grievance to the sender of the notice are required to be drafted.

  • The fact that the legal notice must be sent to the other party has to be made sure.

  • Also, it has to be made sure that the language in which the notice has to be sent is understood by the other party.

  1. When consulting a lawyer, the aggrieved party has to ensure that the following details have been provided correctly in the lawyer notice-

  • Names of both the parties

  • Address of both the parties

  • Grievance faced and other related matters

  • Any previous attempts which have been made to reconcile with the other party.

  1. After relevant information has been provided by you, the lawyer appointed will carefully study the case making relevant notes about the information provided to him, he may ask for further information as required, on the basis of which a final draft shall be prepared.

  2. Afterwards a legal notice will be prepared by the advocate in the legal language as per the provisions of the law. A legal notice must contain-

  • Reasons for sending the notice

  • All the previous communications related to the cause of notice

  • A reasonable time period should be provided to the addressee to reply to the notice (from 15-30 days approx.)

  1. The legal notice sent would include the signature of the lawyer sending it. Then, it would be delivered through courier or registered mail, with the recipient keeping a copy of the receipt in case additional legal action is taken.

  2. The party receiving the notice is required to send a reply to the notice either personally or through an experienced lawyer within the time period provided in the notice.

After the reply of the other party is received by the aggrieved party, he/ she can decide to either resolve the matter or to file a petition in the court to seek justice if they are not satisfied with the reply sent.


How is a legal notice drafted ?

  • A legal notice will be drafted on the letterhead of the lawyer appointed by the aggrieved party.

  • A legal notice must contain the communication details of the sender including name, contact number, address,etc. on whose behalf the notice has been sent.

  • The name and contact information of the advocate who is submitting the notice would also be included in the notice. The signature and date of signing by the advocate must also be included in the Notice.

  • The notice will also explain as to how the legal rights of the aggrieved party have been infringed.

  • The notice would include specific directions for the opposite party along with the time limit provided for sending the reply.

Language of a Legal Notice-


One can send a legal notice in any of the Indian languages, however usually English is the preferred choice. The Notice must be written in a concise and simple manner, so that the receiver could easily understand the content written in.


Conclusion-


From the explanation above, it should be clear that a legal notice delivers the word from the harmed party outlining his or her desire to begin legal actions. The grievance experienced by the harmed party and the recompense sought from the notice's recipient are also included in a legal notice. As can be understood from the above discussed procedure, it is a simple process to send a notice in law, however it is still advised to seek the advice and assistance of an experienced advocate who shall help you draft the notice in a professional manner, as if you later wish to continue the proceedings in the court of law, the advocate’s notice would help set the pace of your case.


Lead India offers you a team of experienced advocates who have been successfully handling cases related to criminal as well as civil suits orin case you have received a court notice. In case you wish to talk to a lawyer or seek free legal advice online, you may contact us.


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