All About Drafting Legal Notice

With an increase in legal proceedings in India, people have become more aware about the legal proceedings. Numerous cases are filed on a daily basis, in some of them, the parties enter litigation directly, and in others, one needs to file a legal notice. A legal notice is a statement which shows the intention to initiate legal proceedings.

The first step when sending a legal notice is to approach a lawyer and draft legal notice. Filing a legal notice is not easy, and legal advice should be taken before drafting legal notice. 

What is a Legal Notice

What is a Legal Notice?

A document which is sent to a person or company specifying that you are going to Court if a specific demand is not fulfilled is called legal notice. It is the first step towards legal proceedings. 

When can one send a legal notice?

One can take legal action against any person in a property dispute, consumer grievance, cheque bounce, family matters, etc. 

What are the contents of the Legal Notice?

Following is the main content of legal notice- 

  • It contains a brief statement of events stating only the material facts of the case which has given rise to the claim.
  • It should contain the relief which is sought by the plaintiff.
  • Lastly, it should also have a concise and brief summary of the legal basis on which the notice is filed.

How to draft legal notice?

Drafting a legal notice is complex. It can be done by legal experts only. An experienced lawyer will include all the key ingredients and relevant information in the legal notice. If the notice is well-drafted, it will showcase all the requirements. 

Who has the power to send a legal notice?

Any person who legal rights were infringed can send a legal notice through an advocate.

How to send a legal notice?

  • Firstly, one needs to hire lawyers will draft legal notice.
  • Secondly, the lawyer will collect all the documents and necessary details and draft the notice accordingly.
  •  Lastly, the notice has to be sent through a registered post.

Points to remember: Legal Notice

  • For assistance in drafting legal notice, one needs to hire experienced lawyers. One needs to draft the notice in such a way that it is understandable by the receiver. Most importantly, it should address to the person who has caused the issue.
  • When you are drafting the legal notice, then you should be extremely careful about the words used. You have to be cautious about not admitting any factual information which you can deny in Court later on. Once the legal notice is dispatched, then you don’t have the power to make any changes in the notice, and later on, also you can’t make any contradictory statement from what you have already mentioned in a legal notice.
  • While drafting the notice, you have to give all the details relating to the event and the person involved. You should also mention about the documents and evidence in relation to the grievances.
  • The legal notice can be drafted and sent via mail or post.
  • In most cases, the notice prompts a person to take immediate actions without taking the matter to Court.

Cheque Bounce Notice 

get legal advice for cheque bouce in india

Section 138 of the Negotiable Instrument Act, 1881 states about cheque bounce. If there is a cheque bounce, then it is mandatory to send a legal notice to the issuer of the cheque within 30 days of cheque bounce. If no repayment is made within 15 days of notice, then the issuer can start legal action. 

The drawer can be liable to a maximum of 2 years imprisonment or fine or both. 

Conclusion

A legal notice is the base of legal proceedings. Therefore, drafting legal notice is of utmost importance. One needs to follow the prescribed format for legal notice as everything depends on the drafting and presentation of issues. With so many cases coming up, people should have knowledge about drafting. For more information on legal notice format and assistance in drafting various legal notices like cheque bounce notice, contact our team of experts at LawyerINC.

5 Benefits Of Marriage Registration

Marriages in India are a lot of fun. It is like a mini-festival. But apart from the celebration, we should take one thing seriously, i.e., marriage registration. Marriage Registration gives legal recognition to the union; it also secures the rights of both women and men. In the case of divorce, if the marriage is registered, it makes the process smoother. And if any of the partner dies and the marriage is registered, then it makes the life of the surviving spouse easier.

In this article, we will discuss about the benefits of marriage registration.

Marriage Registration

In India, people are married for decades but still don’t have a marriage registration. They think that it is a lengthy and complex process. But ironically, it is a simple and easy process.

The Indian government has made it compulsory to get the registration of marriages in India. The Compulsory Registration of Marriage Act, 2005 states that every marriage solemnised between citizens or where at least one person is the citizen of India should be registered with the Registrar of Marriages. And it is the duty of the parties to take all the necessary steps for marriage registration.


Rules for Marriage registration in India

  • Neither parties should have a living spouse at the time of the wedding
  • They should give a valid consent.
  • Neither of the parties should be suffering from any kind of mental disorder, elipesy, or insanity.
  • They should not fall under the degree of prohibited relationship.
  • The Bride should be of 18 years of age, and the groom should be 21 years old.

Benefits of Marriage Registration

  1. The first and foremost advantage of having marriage registration is it helps in applying for home loans. If you are planning to travel abroad on a spouse visa, then you and your spouse will need a valid marriage certificate.
  2. Marriage registration has an evidentiary value in India. It provides a type of social security for women in our society.  
  3. It also helps in claiming a pension or life insurance when the depositee or insurer dies.
  4. It is a valuable piece of proof. If someone wants to show proof that they are legally married to someone, then it can be shown.
  5. In case the couple wants to get a divorce, legal separation, and the question of alimony or custody of children arises, then the Court may ask for a marriage certificate.
Get Marriage Certificate Online

Online Marriage Registration

Thinking about marriage registration, you can get online registration of your marriage. If you want to get your marriage registration in Delhi, click here. If planning to get registration, follow the below requirements-

  • Select your district
  • Fill the online form with all the details

Documents for Marriage Registration

  • Marriage registration form signed by both the parties. It can be downloaded from the official website for marriage registration.
  • The proof of address of both the parties.
  • Proof of date of birth 
  • An Affidavit stating the details of marriage such as place and date of marriage, marital status at the time of marriage, nationality, and the date of birth of the parties.
  • Passport size photograph and one official wedding photograph.
  • Wedding invitation card
  • The signed certificate from the priest who has solemnized the marriage ceremony.
  • If there is any certificate of conversion, the order of divorce or the death certificate of spouse.

Additionally, you need to bring at least two witnesses who attended your wedding for the marriage registration.

Conclusion

It is very important to register marriages in India. Most Indians ignore the registration of their marriages. They don’t know that it is a quick and easy process. This registration not only protects the Indian women, but it also safeguards the marriage. Therefore, it is advisable to register your marriage without delay.


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