A legal notice is a formal written communication that tells the other party about your claim and what you want them to do. It often resolves a dispute without litigation and creates a record if you do go to court.
When it is required
- Cheque bounce — a demand notice under Section 138 of the Negotiable Instruments Act must be sent within 30 days of receiving the bank's return memo.
- Suits against the government — a notice is required before filing most suits against the government or a public officer.
In most other disputes it is not compulsory but is advisable.
What a good notice contains
- The facts, with dates and amounts
- The legal basis of the claim
- A clear demand: payment, performance, or stopping an act
- A reasonable deadline
- The consequence of non-compliance
Sending it
Notices are usually sent by speed post or registered post with acknowledgement, and by email. Keep the delivery proof.
If you receive a notice
Do not ignore it and do not reply in anger. What you say may be used in court. Have an advocate review it and draft a reply.
This guide explains the general position in India. Fees and rules change; your facts may change the answer. Speak to us before acting on it.