What is Legal Notice and How to Send it ?

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0 0 Wednesday, September 10, 2025

In our daily lives, we often come across disputes – whether it is about unpaid bills, property disputes, consumer complaints, workplace issues, or family matters. Many times, these disputes can be solved through mutual understanding. But when the other person refuses to respond or denies responsibility, the law gives us a powerful tool called a Legal Notice.

A legal notice is the first formal step to resolve a dispute. It acts as a warning letter and a final chance for the opposite party to act before legal proceedings begin. In India, sending a legal notice is recognized under several laws and is often a mandatory requirement before filing a case in court.

In this blog post, we will cover:

  • What exactly is a legal notice?

  • Purpose and importance of a legal notice.

  • Situations where legal notices are used.

  • Who can send a legal notice?

  • Step-by-step process to draft and send it.

  • Legal provisions connected to notices.

  • How courts treat legal notices.

  • Common mistakes to avoid.

  • FAQs for better understanding.

By the end of this post, you will have a complete guide to legal notices in India.

Legal Notice

What is a Legal Notice?

A legal notice is a formal written communication to a person or entity, informing them that:

  1. A legal grievance has arisen,

  2. They have violated a right or failed in their duty, and

  3. If they don’t take corrective action within a given time, legal proceedings will follow.

👉 Think of it as a warning bell before filing a case.

Example:

  • If your landlord is not returning your security deposit, you (through a lawyer) can send him a legal notice demanding refund within 15 days. If he fails, you can proceed to court.

Thus, a legal notice acts both as a communication tool and a legal safeguard.

The purpose of sending a legal notice varies with the context, including but not limited to, breach of contract, property disputes, divorce proceedings, employment issues, and payment recoveries. It acts as a wake-up call for the recipient, urging them to address the grievances of the sender to avoid legal action.

A legal notice is usually drafted by a lawyer and must include specific details such as the sender's name and address, the recipient's name and address, a detailed statement of the grievance, the legal basis for the grievance, the relief sought, and a stipulated time frame for the recipient to comply or respond.

The process of sending a legal notice also creates an official record that the issue was brought to the attention of the recipient, which can be important evidence in court if the dispute proceeds to litigation.

Purpose of Sending a Legal Notice

The purpose of a legal notice is not only to warn but also to:

  1. Give clarity – It explains the sender’s grievance clearly.

  2. Provide opportunity – The receiver gets a chance to reply or settle the issue.

  3. Avoid litigation – If settled, both parties save time, energy, and money.

  4. Mandatory compliance – In some cases (like cheque bounce under Section 138 NI Act), sending a notice is compulsory before going to court.

  5. Evidence in court – If the dispute reaches court, the notice and the reply become important documents during trial.

When Can You Send a Legal Notice in India?

Legal notices can be sent in many types of disputes, such as:

(a) Civil Disputes

  • Property issues – landlord-tenant disputes, partition of property, encroachment.

  • Money recovery – unpaid loans, outstanding bills.

  • Contract breach – if a party fails to honor an agreement.

(b) Criminal Matters

  • Cheque bounce – mandatory notice under Section 138 of the Negotiable Instruments Act, 1881.

  • Defamation – sending notice before filing a defamation suit.

(c) Employment Disputes

  • Wrongful termination of job.

  • Non-payment of salary.

  • Workplace harassment.

(d) Family Matters

  • Divorce petitions.

  • Maintenance claims.

  • Partition of ancestral property.

(e) Consumer Complaints

  • Defective goods.

  • Poor services by companies.

  • Insurance claim denial.

👉 In short: Whenever your legal rights are violated, a legal notice is the first official step.

Who Can Send a Legal Notice?

  • Individuals – Any person can send a legal notice if their rights are violated.

  • Companies/Businesses – Businesses often send notices for breach of contract, recovery of money, etc.

  • Government Authorities – Even public authorities send and receive notices.

👉 However, legal notices are always better sent through a lawyer. Though you can draft it yourself, a lawyer ensures correct legal language, provisions, and format.

Importance of filing a Legal Notice

  1. First Step Before Legal Action – A legal notice is often the mandatory first step before approaching court, especially in cheque bounce, government disputes, or contract cases.

  2. Formal Communication – It serves as an official communication to the opposite party, informing them of the grievance and your intention to take legal action.

  3. Provides an Opportunity to Settle – The notice gives the other side a last chance to resolve the issue without going to court, saving time and money.

  4. Acts as Evidence in Court – A copy of the legal notice and proof of sending act as strong evidence during legal proceedings.

  5. Shows Seriousness of the Matter – It conveys to the opposite party that you are serious and determined to take legal action if the issue is not resolved.

  6. Strengthens Your Legal Position – Courts appreciate when parties first attempt to settle disputes out of court; it strengthens your credibility.

  7. Prevents Future Denial – The opposite party cannot later claim they were unaware of the grievance, since the notice officially informs them.

  8. Encourages Negotiation or Mediation
    – Many disputes are settled at the notice stage itself, without going through lengthy court cases.

  9. Saves Time and Money – If the matter is resolved through notice, it avoids expensive litigation and years of delay in court.

  10. Legal Compliance – In certain cases (like Section 80 CPC against the government, or Section 138 NI Act for cheque bounce), sending a notice is legally compulsory before filing a case.

👉 In short: A legal notice is not just a formality, but an important tool that gives both parties a fair chance to resolve disputes while also strengthening your case if it goes to court.

Legal Notice Law in India

In India, the concept of a legal notice is well-recognized and widely utilized in various legal and contractual disputes. The process and practice of sending a legal notice are governed by different laws, depending on the nature of the dispute.

Main Sections and Provisions for Legal Notices

(a) Section 80, Civil Procedure Code (CPC), 1908)

  • Applies when you want to sue the Government or a Public Officer.

  • You must give two months’ prior written notice before filing the case.

  • Notice should mention: cause of action, relief claimed, and details of the plaintiff.

  • Example: Suing a government department for unpaid bills or damages.

(b) Section 138, Negotiable Instruments Act, 1881

  • Applies in cheque bounce cases.

  • Legal notice is compulsory before filing a criminal complaint.

  • Provisions:

    • Notice must be sent within 30 days of cheque dishonor.

    • Drawer gets 15 days to pay after receiving notice.

    • If payment not made, case can be filed in court.

(c) Indian Contract Act, 1872

  • No specific section about “legal notice,” but notices are widely used in breach of contract cases.

  • Example: If one party does not perform obligations under an agreement, the other party can send a legal notice demanding compliance or damages.

(d) Family Law Provisions

  • Hindu Marriage Act, 1955 and Muslim Law recognize sending legal notices before divorce petitions, maintenance claims, or partition disputes.

  • While not compulsory, legal notices give formal intimation and time for settlement.

(e) Consumer Protection Act, 2019

  • A consumer can first send a legal notice to the seller/manufacturer/service provider for defective goods or poor service.

  • If the issue is not resolved, the consumer can approach the Consumer Commission.

(f) Transfer of Property Act, 1882

  • In cases of eviction, lease termination, or property disputes, landlords usually send legal notices before filing eviction suits.

They make sure the other party is informed of the grievance. They give a chance to settle before court proceedings. In many cases (like Section 80 CPC or Section 138 NI Act), notice is mandatory. If you skip it, your case may be dismissed. In short: The two most important provisions for legal notices are Section 80 CPC (against Govt.) and Section 138 NI Act (cheque bounce). Others are based on practice under contract, property, family, and consumer laws.

When to send a Legal Notice is Important?

Deciding when to send a legal notice is a crucial step in the dispute resolution process. The timing depends on the nature of the dispute, the specific legal requirements, and the strategic considerations of the case. Here are some circumstances under which sending a legal notice becomes important:

01. Before escalating to formal legal action, it's often advisable to attempt to resolve the issue through direct communication or mediation. If these attempts fail, sending a legal notice can formally signify that the dispute needs to be addressed seriously.

02. In many legal systems and for various types of disputes, sending a legal notice is a prerequisite before you can file a lawsuit in court. This is especially true for cases involving government bodies or public officials, where a notice period is mandated to give the entity a chance to address the grievance without litigation.

03. Certain laws specify that a legal notice must be sent within a particular timeframe after an incident occurs (e.g., for cheque bounce cases under the Negotiable Instruments Act, 1881, a notice must be sent within 30 days of receiving information from the bank about the dishonor of the cheque).

04. Sending a legal notice can serve as a demonstration of your serious intent to pursue your rights and may prompt the other party to take your claims more seriously, potentially leading to an out-of-court settlement.

05. A legal notice creates a formal record of the dispute and your attempts to resolve it, which can be beneficial if the matter proceeds to court. It documents the fact that you provided the other party with an opportunity to rectify the situation before taking legal action.

06. In some cases, your legal counsel may advise sending a legal notice as part of a broader legal strategy, even if it's not strictly required by law. This could be to put pressure on the other party, to start the statute of limitations clock, or to fulfill contractual dispute resolution procedures.

07. Some contracts may require the parties to send a notice of breach or intent to terminate the contract before taking any formal legal action. This gives the other party a chance to cure the breach within a specified period.

08. Legal notices typically include a deadline by which the recipient must respond or rectify the issue, which can help to expedite a resolution. It sets clear expectations for the next steps and timelines.

It's essential to consult with a legal professional when considering sending a legal notice. They can provide advice on the appropriate timing, ensure that the notice complies with relevant laws, and help you to understand the potential implications of sending the notice in the context of your specific situation.

Is serving of Legal Notice mandatory in India?

In India, serving a legal notice is mandatory in certain cases, such as before filing a lawsuit against the government or a public officer (under Section 80 of the Code of Civil Procedure, 1908) and in cheque bounce cases (under the Negotiable Instruments Act, 1881). 

In many other scenarios, while not legally mandatory, sending a legal notice is a common practice that serves as a formal way to demand redressal or notify the other party of your intent to initiate legal proceedings. The requirement to serve a legal notice varies depending on the specific laws and the nature of the dispute.

Step-by-Step Process of Sending a Legal Notice

Here’s how to send a legal notice in India:

Step 1: Contact a Lawyer

  • Share complete details of the dispute.

  • Provide all documents (agreements, bills, cheque, etc.).

Step 2: Drafting the Notice

A legal notice must contain:

  1. Name, description, and address of sender.

  2. Facts leading to the dispute.

  3. Grievances and violation of rights.

  4. Relief or solution demanded.

  5. A reasonable time limit for compliance (usually 15–30 days).

  6. Clear statement that legal action will follow if not resolved.

Step 3: Review and Approval

  • The lawyer prepares the draft.

  • You must review and approve it before sending.

Step 4: Sending the Notice

  • Sent by Registered Post with Acknowledgment Due (RPAD) or Speed Post.

  • Nowadays, email legal notices are also valid in some cases.

Step 5: Keep Proof

  • Keep a copy of the notice, postal receipt, and acknowledgment card.

  • These become important evidence in court.

How to draft a Legal Notice?

Drafting a legal notice requires careful attention to detail and a clear understanding of the legal issue at hand. A well-drafted legal notice can effectively communicate your grievances and the relief sought, potentially leading to an amicable resolution without proceeding to court. Here's a general guide on how to draft a legal notice:

Step-by-Step Guide to Drafting a Legal Notice

Step 1: Collect Information

  • Your name, address, and contact details.

  • Name and address of the opposite party.

  • Documents supporting your claim (contracts, invoices, cheque copies, property papers, etc.).

Step 2: Write Basic Details

  • Date of drafting the notice.

  • Complete details of both parties.

  • Title/Subject line (e.g., “Legal Notice for Recovery of Money”).

Step 3: State the Facts

  • Write a chronological story of the dispute.

  • Include important dates, agreements, payments, or promises.

  • Keep it factual, avoid emotions or harsh words.

Step 4: Mention the Grievance Clearly

  • How has the other party violated your rights?

  • Example: “The cheque of ₹50,000 issued by you on 5th July 2025 was dishonoured due to insufficient funds.”

Step 5: Specify Legal Provisions (if applicable)

  • Mention relevant sections of law (e.g., Section 138 NI Act for cheque bounce, Section 80 CPC for notice against government).

Step 6: State Your Demand/Relief

  • What do you want the other party to do?

  • Example: “You are hereby called upon to pay ₹50,000 with interest @ 12% per annum within 15 days.”

Step 7: Provide a Time Limit

  • Usually 15 to 30 days is given for compliance.

  • Mention clearly: “Failing which, legal proceedings will be initiated at your risk and cost.”

Step 8: End with Lawyer’s Details

  • Name, designation, signature, and contact of the lawyer sending the notice.

Structure / Format of a Legal Notice

Here’s a basic format (simplified):


[Lawyer’s Letterhead]

Date: [dd/mm/yyyy]

To,  
[Name & Address of Opposite Party]  

Subject: LEGAL NOTICE for [Cause of Dispute]  

Sir/Madam,  

1. That my client, [Your Name, address], entered into an agreement with you on [date] regarding [details].  

2. That despite repeated requests, you have failed to [state default: e.g., make payment, vacate premises, deliver goods].  

3. That by your actions, you have committed breach under [mention relevant legal provisions].  

4. Therefore, through this legal notice, I call upon you to [state demand – pay money, vacate property, etc.] within 15 days of receiving this notice.  

5. If you fail to comply, my client will be constrained to initiate legal proceedings at your entire risk, cost, and consequences.  

This is without prejudice to my client’s other legal rights.  

Yours faithfully,  

[Lawyer’s Name & Signature]  
Advocate  

Tips for Drafting a Strong Legal Notice

  • ✔ Use simple and clear language – avoid jargon.
  • ✔ Stick to facts and legal points, not emotions.
  • ✔ Give a reasonable time for compliance.
  • ✔ Always keep a copy of the notice and postal proof.
  • ✔ Prefer drafting with the help of a lawyer, to ensure legal validity.

Common Mistakes to Avoid

  • ❌ Using abusive or threatening language.
  • ❌ Forgetting to mention time limit.
  • ❌ Not attaching supporting facts/documents.
  • ❌ Sending notice without proof of delivery.

A well-drafted notice often pushes the other party to settle. It becomes evidence in court if the dispute continues. Poorly drafted notices can weaken your case.

It's advisable to consult with a legal professional or a lawyer to draft a legal notice, especially for complex legal issues, to ensure that it is legally sound and effective.

Drafting a legal notice by oneself is possible, yet seeking the expertise of a lawyer is generally more advisable. It's recommended to use the lawyer's official letterhead for drafting the notice. Opt for a color print if the letterhead features the lawyer's logo or any branding. 

It's important to maintain two copies of the notice: one for personal records and the other for the lawyer's files. The notice should be sent in an envelope that bears the lawyer's logo, which the lawyer can supply. Both the client's and the lawyer's signatures are essential on the notice for it to be valid.

What Happens After Sending a Legal Notice?

  • If the other party replies positively – The matter may be resolved amicably.

  • If they deny the allegations – Negotiation or mediation may still be possible.

  • If they ignore it – You can file a case in court with proof of notice.

👉 Courts appreciate when a party first tries to resolve disputes through notice.

Legal Notice under section 80 of The Code of Civil Procedure, 1908

Section 80 of the Code of Civil Procedure, 1908 (CPC), mandates the issuance of a legal notice as a prerequisite to filing a lawsuit against the government or a public officer. This provision is designed to give the government or the concerned officer an opportunity to rectify the matter or settle the claim without litigation.

1. Meaning of Section 80 CPC

  • Section 80 of the Code of Civil Procedure, 1908 (CPC) makes it compulsory to send a legal notice before filing a lawsuit against:

    1. The Government of India,

    2. The Government of a State, or

    3. A Public Officer (when the act is done in his/her official capacity).

👉 This section ensures that the government or public officer gets a chance to respond or settle the matter without court proceedings.

2. Purpose of Section 80 CPC Notice

  • To give the government/public officer time to consider the claim.

  • To avoid unnecessary litigation by giving them an opportunity to settle outside court.

  • To ensure transparency and fairness before dragging authorities into litigation.

3. Who Must Send this Notice?

  • Any individual, company, or organization intending to file a civil suit against:

    • Union Government

    • State Government

    • A public officer in his/her official role

Examples:

  • Compensation for damage caused by government negligence.

  • Recovery of money from government contracts.

  • Challenging wrongful acts of public officials.

4. Key Provisions of Section 80 CPC

Section 80(1): Mandatory Notice

  • The plaintiff must serve a two months’ prior notice before instituting the suit.

  • Notice should mention:

    • Cause of action (facts of dispute).

    • Relief sought.

    • Name, description, and residence of the plaintiff.

  • Suit filed without such notice = not maintainable.

Section 80(2): Urgent Relief (Exception)

  • In urgent cases, the court may allow filing of a suit without waiting for 2 months, provided:

    • The plaintiff seeks urgent or immediate relief.

    • The court is satisfied with the urgency.

  • Even in such cases, the government/public officer must be informed immediately.

Section 80(3): Presumption of Service

  • The notice is considered valid if it is substantially in compliance, even if minor errors exist.

5. Contents of a Section 80 CPC Notice

A proper notice under Section 80 must include:

  1. Name, address, and description of the sender.

  2. Name and office of the government/public officer.

  3. Cause of action (facts of grievance).

  4. Relief or claim sought (money, damages, injunction, etc.).

  5. Statement that a suit will be filed if claim not met within 2 months.

6. Sample Draft of Section 80 CPC Notice

[On Advocate’s Letterhead]  

Date: [dd/mm/yyyy]  

To,  
The Secretary,  
[Name of Government Department/Office]  
[Address]  

Subject: Notice under Section 80 of the Code of Civil Procedure, 1908  

Sir/Madam,  

Under instructions from and on behalf of my client [Name, Address], I hereby give you notice as required under Section 80 CPC as follows:  

1. That my client entered into a contract with your department on [date] for [details of contract/work].  

2. That despite repeated reminders, your department has failed to make the payment of ₹[amount] which is due since [date].  

3. That such failure amounts to breach of contract and has caused severe financial loss to my client.  

4. Therefore, I hereby call upon you to make the payment of ₹[amount] with interest @ [rate]% per annum within two months from the date of receipt of this notice.  

5. Failing which, my client shall be constrained to file a civil suit against you in a court of competent jurisdiction at your entire risk, cost, and consequences.  

This notice is issued under Section 80 of the Code of Civil Procedure, 1908.  

Yours sincerely,  
[Lawyer’s Name & Signature]  
Advocate

7. Case Laws on Section 80 CPC

  • Bihari Chowdhary v. State of Bihar (1984) – Held that Section 80 CPC notice is mandatory, unless urgent relief is sought.

  • Ghanshyam Dass v. Dominion of India (1984) – Substantial compliance with Section 80 is enough; minor mistakes in notice do not make it invalid.

  • Union of India v. Ram Charan (1964) – Notice is to give government time to settle claims, not a mere formality.

Before suing the Government or a Public Officer in India, you must send a legal notice under Section 80 CPC, giving them 2 months to respond. Only in urgent cases can you skip this requirement with court permission.

Legal Notice under Section 138 of The Negotiable Instrument Act, 1881

The provisions under Section 138 of the Negotiable Instruments Act, 1881, play a crucial role in the commercial and financial sectors by instilling confidence in the mechanism of transactions through cheques. Here are the key provisions and legal requirements under Section 138:

1. Dishonor of Cheque for Insufficiency of Funds:

Section 138 is invoked when a cheque drawn by a person on an account maintained by him with a banker is returned by the bank unpaid. The reasons for return could be either insufficiency of funds in the account or that the amount exceeds the arrangement made with the bank.

The holder of the cheque is required to send a legal notice to the drawer within 30 days of receiving the information from the bank that the cheque has been dishonored. This notice should demand payment of the cheque amount and inform the drawer that they have 15 days to make the payment.

Upon receiving the notice, the drawer has 15 days to make the payment of the cheque amount to the payee. This provision ensures that the drawer is given a fair chance to fulfill the obligation without facing legal action.

Initiation of Legal Proceedings:

If the drawer fails to make the payment within 15 days of receiving the notice, the payee or holder in due course has the right to file a complaint in a magistrate’s court within 30 days after the expiry of the 15-day period. The complaint must be filed in accordance with Section 142 of the Act, which dictates the jurisdiction and other legal requirements for the proceedings.

Under Section 138, the drawer of the dishonored cheque can be penalized with imprisonment for a term which may extend to two years, or with a fine which may extend to twice the amount of the cheque, or with both.

Notably, offences under this section are cognizable only upon a complaint made by the payee or the holder in due course of the cheque, and such complaints must be made within the stipulated time frame.

Section 139 of the Act provides that there shall be a presumption in favor of the holder that the cheque was issued for the discharge, in whole or in part, of any debt or other liability.

Conditional Exceptions:

The drawer can avoid conviction if he can prove that he had asked the bank to stop payment for a valid reason before the cheque was presented for payment or if the payee did not present the cheque within six months from the date on which it was drawn or within its validity period, whichever is earlier.

The provisions under Section 138 of the Negotiable Instruments Act, 1881, are designed to prevent fraud and misuse of cheques, ensuring that transactions through cheques remain a reliable and trusted method of payment. Compliance with the procedural requirements is key to enforcing the rights under this section.

What Legal Notice includes?

A legal notice is a formal communication to a person or entity informing them of the intention to undertake legal proceedings against them. It serves as a final opportunity for the recipient to resolve the matter amicably before it escalates to court. A well-drafted legal notice typically includes the following components:

Header/Title: Clearly states that the document is a legal notice.

Sender Information: Full name, address, and contact details of the person sending the notice (or their legal representative).

Recipient Information: Full name, address, and contact details of the person or entity the notice is being sent to.

Date: The date when the legal notice is being drafted or sent.

Subject: A brief description of the purpose of the notice.

Reference to Applicable Law: If the notice is being sent under a specific provision of law (like Section 80 of the Code of Civil Procedure, 1908, or Section 138 of the Negotiable Instruments Act, 1881), it should be clearly mentioned.

Factual Background: A detailed account of the facts leading to the dispute or grievance, including relevant dates, places, and actions.

Legal Basis for the Claim: The legal grounds or basis on which the sender intends to initiate proceedings, including any specific laws or legal principles that support the claim.

Specific Grievance or Demand: Clearly outlines what the sender considers unjust or wrong, and what specific action or remedy they are seeking from the recipient.

Time Frame for Compliance: Specifies the time within which the recipient is expected to comply with the demands or rectify the grievance, failing which legal proceedings may be initiated.

Signature: The notice should be signed by the sender or their legal representative.

Enclosures: If the notice references documents (like contracts, correspondence, or evidence of transactions), these should be listed as enclosures.

Legal Notice Format

ADVOCATE NAME

OFFICE ADDRESS

DESIGNATION

_____________

CONTACT NO.

_________________________________________________________________

Ref. No.________

Dated: ________

REGISTERED A.D.


To,

1- _______________


2- _______________


SUBJECT: LEGAL NOTICE UNDER SECTION ____OF _____ ACT, _____.


Dear Sirs,

Under instruction and on behalf of our client _______ son of _______, resident of _______, I do hereby serve upon you with the following notice under section ___ of the _______ Act

1- That my client ______________.

2- That since ______________.

3- That on ______________.

4- That my client filed a Demand Notice ______________.

I therefore through this Notice call upon you ______________.

A copy of this legal notice is retained in my office for further necessary action.

ADVOCATE NAME

Demo Legal Notice of Legal Notice for Dishonor of Cheque

[Your Name]

[Your Address]

[City, State, Zip Code]

[Phone Number]

[Email Address]


Date: [Insert Date]


[Drawer's Name]

[Drawer's Address]

[City, State, Zip Code]

Subject: Legal Notice for Dishonor of Cheque No. [Insert Cheque Number]


Dear [Drawer's Name],

This legal notice is being sent to you pursuant to the provisions of Section 138 of the Negotiable Instruments Act, 1881, following the dishonor of Cheque No. [Insert Cheque Number] dated [Insert Date], drawn on [Insert Bank Name], in favor of [Your Name], for an amount of [Insert Amount].

Please be informed that upon presenting the above-mentioned cheque for payment at my bank, it was returned unpaid due to insufficient funds in your account. The bank has provided me with a "Cheque Return Memo" dated [Insert Date], citing "[Reason for Dishonor]" as the reason for non-payment.

As per the requirements of Section 138 of the Negotiable Instruments Act, 1881, I hereby demand the payment of the said amount of [Insert Amount] within 15 days from the receipt of this notice. Failure to comply with this demand within the specified period will compel me to initiate legal proceedings against you without further notice, under the provisions of the said Act, which may result in your being liable for the said amount along with the cost of the legal proceedings and interest as per the court's discretion.

Please treat this matter with the urgency it requires and ensure the payment is made in full within the stipulated time to avoid legal action.

Yours sincerely,

[Your Signature]

[Your Name]

Can I send a Legal Notice without an Advocate?

Yes, you can send a legal notice without an advocate in India, as there is no legal provision that makes it mandatory to involve a lawyer in this process. A legal notice is essentially a formal written communication that informs the opposite party about your grievance and warns them of legal action if the issue is not resolved within a specified time. Since it is simply a formal intimation, any individual can personally draft, sign, and send a notice without legal assistance. What matters most is that the notice should be precise, clear, and legally valid in terms of content.

When drafting a legal notice on your own, you must ensure that it contains the basic and essential details. These include the name, address, and description of both parties, a clear narration of facts in chronological order, the specific grievance or default committed by the opposite party, and the exact demand you are making—whether it is payment of money, performance of a contract, or vacating property. It is also crucial to mention a reasonable time frame for compliance, usually 15 to 30 days, and a warning that you will be compelled to initiate legal action if the demand is not met. Once drafted, the notice should be sent through registered post, speed post, or courier with acknowledgment due, and you must preserve both the copy of the notice and the postal proof as they become vital evidence in court.

The advantages of sending a legal notice without an advocate include saving on legal fees and completing the process more quickly. This is especially useful in simple disputes such as asking for the return of borrowed money, consumer complaints regarding defective products, or rental matters like eviction notices. However, while it is legally valid to send a notice yourself, there are some risks involved. A poorly drafted notice may be vague, miss essential legal provisions, or even use inappropriate language, making it weak as evidence. Opposite parties sometimes ignore self-drafted notices as they do not carry the same weight as those sent on an advocate’s letterhead. Moreover, in certain cases, such as cheque bounce matters under Section 138 of the Negotiable Instruments Act or notices against the government under Section 80 of the Code of Civil Procedure, the law prescribes a specific format and timeline. Any mistake in such cases can render the notice invalid and may harm your case.

Therefore, while sending a legal notice without a lawyer is legally permissible and can work in straightforward cases, it is strongly advisable to seek the help of an advocate for complex disputes or where legal provisions must be strictly followed. An advocate ensures the notice is drafted in proper legal language, cites the relevant laws, and adds credibility and seriousness to your claim. In summary, you can send a legal notice on your own, but in important matters, professional legal drafting can save you from costly mistakes and strengthen your position in court.

Can I send a Legal Notice on WhatsApp and will it be considered Legal?

Sending a legal notice through WhatsApp can be considered legal and valid, especially if the recipient acknowledges receipt. The Indian legal system has gradually started to recognize electronic communication as a valid method for sending notices, provided certain conditions are met:

Proof of Delivery: In the case of WhatsApp, a blue tick on the message indicates that the recipient has read the message. Taking a screenshot of this can serve as evidence of delivery.

Acknowledgment by the Recipient: If the recipient responds to the notice, it serves as an acknowledgment of receipt. This can further validate the legal notice sent via WhatsApp.

Backing of Judicial Precedents: There have been instances where courts in India have recognized the validity of WhatsApp messages as evidence under certain conditions. This is subject to the discretion of the court and the circumstances of the case.

Admissibility as Evidence: Under the Indian Evidence Act, electronic records can be admissible as evidence, provided they fulfill the criteria mentioned in the Act and are relevant to the case.

Sending a legal notice via WhatsApp is a viable option recognized by the legal system. In a significant move in 2020, the Supreme Court of India acknowledged WhatsApp as a valid medium for transmitting legal notices and confidential information under the Indian Evidence Act.

According to the Supreme Court's directive, the appearance of two blue ticks indicates that the recipient has read and received the notice. However, it's important to note that WhatsApp users have the option to disable these blue ticks. To mitigate this risk, it's advisable to send legal notices through multiple channels rather than relying solely on WhatsApp.

Let's delve into different modes of sending legal notices:

Registered Post with Acknowledgement Due (AD): This method ensures the legal notice is officially delivered. When the sender requests proof of delivery or acknowledgment from the recipient or their agent, the postal item is marked as Registered Post with Acknowledgement Due.

Email: Email provides a secure means of communication similar to WhatsApp, facilitating one-on-one correspondence. To send a legal notice via email, simply enter the recipient's email address, ensuring that only the intended recipient receives the advocate's notice.
The adoption of digital communication methods, including email and WhatsApp, is fostering digitization in India. Citizens are increasingly utilizing digital services such as digital signatures and online documentation, paving the way for the expansion of digital services in the future.

What if someone doesn’t reply to a Legal Notice?

If someone does not reply to a legal notice, it does not mean the notice becomes invalid or your claim is lost. A legal notice is an opportunity for the opposite party to settle the matter before going to court, but replying is not legally compulsory in every case. However, ignoring a notice can have consequences, depending on the situation.

Firstly, if the person does not reply, you (the sender) can move to the next legal step, such as filing a civil suit, criminal complaint, or consumer case, depending on the nature of the dispute. For example, in a cheque bounce case under Section 138 of the Negotiable Instruments Act, if the drawer does not pay within 15 days of receiving the notice, the complainant can directly file a case in court. Similarly, under Section 80 CPC, if the government or public officer does not act within two months, you can file the suit.

Secondly, non-reply may weaken the opposite party’s defense in court. Courts often view silence as negligence or admission, especially if the notice contains clear facts and claims. If the person later denies the allegations, the court may question why they did not raise objections earlier when given the chance.

What If Someone Doesn’t Reply to a Legal Notice? – 20 Key Points

  1. No Compulsion to Reply – Law does not make it mandatory for a person to reply to every legal notice.

  2. Next Step is Litigation – If no reply is given, the sender can proceed with filing a case in the appropriate court.

  3. Loss of Settlement Opportunity – Ignoring the notice closes the door to resolving the dispute outside of court.

  4. Court May Consider Silence as Admission – Non-reply may be treated as implied acceptance of the allegations, depending on facts.

  5. Weakened Defense – In court, the opposite party may face difficulty in justifying why they did not deny allegations earlier.

  6. Cheque Bounce Cases – Under Section 138 NI Act, if no payment is made within 15 days after notice, the sender can directly file a criminal complaint.

  7. Government Cases – Under Section 80 CPC, if no action is taken within 2 months, the complainant is free to sue the government or public officer.

  8. Consumer Disputes – Ignoring a consumer notice may lead to a case in Consumer Commission, which can award compensation.

  9. Employment Matters – If an employer ignores an employee’s legal notice (like unpaid salary), the employee can approach labour authorities or court.

  10. Property Disputes – If a tenant ignores eviction notice, the landlord can file for eviction in civil court.

  11. No Automatic Admission – Silence is not always considered as admission; the opposite party can still contest in court.

  12. Strategic Silence – Sometimes parties deliberately don’t reply to avoid giving written evidence that may weaken their defense later.

  13. Costs May Increase – Ignoring a legal notice can lead to court costs, interest, and penalties if the case proceeds.

  14. Proof of Service is Key – Even if the notice is ignored, the sender must prove it was delivered (postal receipt, acknowledgment, etc.).

  15. Good Faith Requirement – Courts appreciate parties who try to settle disputes through notice; ignoring may show bad faith.

  16. Negotiation Chance Lost – Replying to a notice often opens scope for negotiation; ignoring means you miss this chance.

  17. Bad Impression in Court – Judges may form an impression that the opposite party was negligent by not replying.

  18. Can Lead to Ex-Parte Order – If the case reaches court and the opposite party continues to ignore summons, the court can pass an order in their absence.

  19. Time Limit Advantage for Sender – By ignoring, the receiver cannot delay the sender’s right to approach the court.

  20. Safer to Reply – Even a short denial or clarification is better than total silence, as it shows seriousness and creates a defense record.

That said, not replying does not always mean acceptance. The opposite party can still contest the case in court. But practically, replying to a legal notice helps clarify their stance, shows good faith, and may even help settle disputes without litigation.

👉 In short: If someone doesn’t reply to a legal notice, you can proceed with legal action. Their silence can work against them in court, but it does not automatically mean you win the case.

How many times a Legal Notice can be sent?

There is no statutory limit on the number of times a legal notice can be sent. However, the practical approach and legal strategy usually dictate the number of notices sent in a particular matter. Typically, a single legal notice is sent as the first step to formally communicate the sender's intent to initiate legal proceedings if the dispute is not resolved amicably. Important points to consider regarding the sending of legal notices include:

  • Legal notices usually specify a timeframe within which the recipient is expected to respond. This timeframe varies depending on the nature of the dispute and the specific laws applicable but typically ranges from 15 to 30 days.
  • If the recipient does not respond within the specified timeframe, the sender may opt to send another notice as a reminder or to provide an additional opportunity for resolution, especially if they believe there is a chance to settle the matter without legal action. However, repeatedly sending legal notices without any new information or changes in circumstances might not be productive and could be seen as an unnecessary harassment.
  • If there is no response to the initial legal notice, or if the response is unsatisfactory, the sender may choose to proceed with legal action by filing a case in the appropriate court. The decision to send additional notices before taking legal action depends on the sender's strategy and the advice of their legal counsel.
  • In some cases, sending more than one legal notice may be part of a legal strategy, particularly if there are new developments or additional grievances that need to be addressed. However, the approach should be carefully considered and based on legal advice to ensure that it aligns with the overall objectives and legal requirements.
  • It is important to document all communications, including the sending of any legal notices and the responses received, if any. This documentation can be crucial if the matter proceeds to court.

Ultimately, the decision on how many times to send a legal notice should be based on legal advice, the specific circumstances of the case, and the strategic objectives of the parties involved. It's also essential to consider the legal requirements and norms relevant to the jurisdiction and the specific area of law.

READ ALSO:

  1. How to File a Cheque Bounce Case in India ?

  2. Top 10 Common Property Disputes and How to Solve Them Legally

  3. How to File a Consumer Complaint in India ?

  4. Difference Between Civil vs. Criminal Cases in India

Conclusion

In conclusion, sending a legal notice in India is a critical preliminary step in the dispute resolution process, serving as a formal communication to alert an individual or entity about a grievance or demand before initiating legal proceedings. This process not only underscores the seriousness of the sender's intent but also provides an opportunity for the dispute to be resolved amicably without resorting to the courts. To ensure the legal notice is effective and adheres to legal standards, it should be drafted by a qualified advocate, detailing the facts of the case, the legal basis for the claims, and the relief sought, while also giving the recipient a reasonable timeframe to respond.

The use of registered post or courier services, along with electronic means like email or, as per recent legal acceptances, platforms like WhatsApp, ensures that the notice is delivered securely and that there is proof of delivery. While there is no fixed limit on the number of times a legal notice can be sent, it is generally advisable to proceed to formal legal action if the initial notice does not elicit the desired response within the stipulated time.

Understanding the nuances of how to send a legal notice in India and the strategic considerations involved in such an action is essential. It not only demonstrates a willingness to resolve disputes amicably but also prepares the groundwork for a stronger legal case, should the matter proceed to court. Engaging with a legal professional to navigate this process is crucial in ensuring that the notice is legally sound, the sender's rights are protected, and the chances of a favorable resolution are maximized.

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    BARRISTERY - A Leading Portal for IGNOU Students: What is Legal Notice and How to Send it ?
    What is Legal Notice and How to Send it ?
    A legal notice is a formal communication to a person or entity informing them of your intention to undertake legal proceedings against them.
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    BARRISTERY - A Leading Portal for IGNOU Students
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