How to Draft a Legal Notice in India – Format, Types & Step-by-Step Guide 2025

Before filing a case in court, there's one crucial step – sending a legal notice.

A well-drafted legal notice can resolve disputes without going to court, save time and money, and strengthen your case if you do end up in court.

What is a Legal Notice?

A legal notice is a formal written communication informing someone that you intend to take legal action against them if they don't comply with your demand.

It's like a final warning before legal battle.

Purpose of Legal Notice:

✓ Give opposite party one last chance to settle✓ Show you tried to resolve amicably✓ Put them on notice about legal consequences✓ Preserve evidence of your demand✓ Comply with legal requirement (mandatory for some cases)✓ Strengthen your case in court

When to Send Legal Notice?

Mandatory by law:

• Cheque bounce cases (under Section 138 NI Act)

• Consumer complaints (in some cases)

• Recovery of money

• Defamation suits

• Divorce cases (in some states)

• Suits against government

Not mandatory but recommended:

• Contract breach

• Property disputes

• Employment issues

• Partnership disputes

• Landlord-tenant issues

• Insurance claims

• Any civil dispute

Even if not mandatory, it's good practice!

Types of Legal Notices:

1. Notice for Recovery of Money When someone owes you money and not returning.

2. Notice for Cheque Bounce When cheque dishonored by bank (mandatory under NI Act).

3. Notice for Contract Breach When other party violated agreement terms.

4. Notice for Property Dispute Illegal possession, encroachment, property damage.

5. Notice for Defamation False statements damaging your reputation.

6. Notice for Divorce Before filing divorce petition.

7. Notice for Employee Termination By employer or employee.

8. Notice for Consumer Complaint Defective product or poor service.

9. Notice for Eviction Landlord asking tenant to vacate.

10. Notice to Government Before suing government departments.

Who Can Send Legal Notice?

• Individual

• Company

• Partnership firm

• Society

• Trust

• Any legal entity

Can I draft and send myself? Yes, but lawyer-drafted notice carries more weight.

Essential Elements of Legal Notice:

1. Proper heading and format

2. Details of sender (client)

• Name

• Address

• Description

3. Details of recipient

• Name

• Address

• How they're related to issue

4. Title/Subject

5. Facts of the case

• Chronological narrative

• Dates, places, events

• What happened

• What was agreed

• How it was violated

6. Legal grounds

• Which law/section applies

• Rights violated

• Legal basis of claim

7. Demand/Relief sought

• What you want them to do

• Specific, clear demands

• Amount (if money recovery)

8. Deadline for compliance Usually 15-30 days from receipt

9. Consequences of non-compliance Legal action warning

10. Date and lawyer's signature

Legal Notice Format:

[On Lawyer's Letterhead]

LEGAL NOTICE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT, 1881
[Or relevant section/law]

To,
[Name of Recipient]
S/o or D/o [Father's name]
R/o [Complete address]

Dear Sir/Madam,

SUBJECT: Legal Notice for [brief description of issue]

Under the instructions and on behalf of my client [Your Name], S/o [Father's name], R/o [Address] (hereinafter referred to as "my client"), I, [Lawyer's name], Advocate, serve upon you this Legal Notice under [relevant law/section] and state as under:

1. That my client states that [First fact of the case - how parties met, relationship, agreement made, etc.]

2. That [Second fact - what was promised, what consideration was given]

3. That [Third fact - breach/violation/issue that arose]

4. That [Subsequent facts in chronological order]

5. That despite repeated requests and reminders, you have [failed to comply/breached agreement/not returned money/continued illegal act].

6. That your aforesaid acts amount to [breach of contract/cheating/defamation/illegal possession, etc.] and are in clear violation of [mention specific laws/sections].

7. That my client has suffered [mental agony/financial loss/damage to reputation] due to your said acts and is entitled to compensation/damages/specific relief.

THEREFORE, my client, through me, calls upon you to [specific demand - pay Rs. X within 15 days/vacate property/deliver goods/cease defamation/fulfill contract] within 15 days from the receipt of this notice, failing which my client shall be constrained to initiate appropriate legal proceedings against you for [recovery/damages/specific performance/injunction] including costs, interests, and other reliefs at your sole risk as to costs and consequences, without any further reference to you.

Take Notice and Act Accordingly.

Dated: [Date]                                    

                                                    Yours faithfully,

                                                    [Lawyer's Name]
                                                    [Advocate Enrollment No.]
                                                    [Address]
                                                    [Contact Details]

Enclosures:
1. [List of documents attached, if any]

Step-by-Step: How to Draft Legal Notice

Step 1: Gather Facts

Collect complete information:

• Timeline of events

• All relevant dates

• Names, addresses of parties

• Documents proving your claim

• Amount involved

• Previous communications

Step 2: Identify Legal Issue

• What law applies?

• What sections/provisions?

• What rights were violated?

• What remedy you're entitled to?

Step 3: Draft or Hire Lawyer

Self-drafting: Use format above, modify for your case.

Hiring lawyer:

• Explain case to lawyer

• Provide all documents

• Lawyer drafts notice

• Review and approve

Lawyer fees for legal notice: ₹1,000 to ₹10,000 (depending on complexity and lawyer)

Step 4: Review Carefully

Check: ✓ All facts correct and complete✓ Names and addresses accurate✓ Dates mentioned correctly✓ Legal sections cited properly✓ Demand is clear and specific✓ Timeline for response given✓ No grammatical errors✓ Professional tone maintained

Step 5: Print on Letterhead

• Lawyer's letterhead (if lawyer sending)

• Plain paper with header (if self-sending)

• Lawyer's signature and seal

• Your signature (as client)

Step 6: Send the Notice

How to send:

1. Registered Post with Acknowledgment Due (AD)

• Most common method

• Proof of sending and delivery

• Keep postal receipt and AD card

• Cost: ₹50-100

2. Speed Post

• Faster delivery

• Tracking available

• Cost: ₹60-150

3. Courier (Reputed service)

• Reliable

• Tracking available

• Cost: ₹100-300

4. Email

• Instant delivery

• Keep sent mail proof

• Take printout

• Useful as additional method

5. WhatsApp/SMS

• Send as additional proof

• Not replacement for physical notice

NEVER rely only on email/WhatsApp – always send physical notice!

Important: Send via at least two modes (e.g., Registered Post + Email) for better proof.

Step 7: Keep Proof

Maintain:

• Original notice copy

• Postal receipt/courier receipt

• AD card (when returned)

• Email sent proof

• WhatsApp delivery status screenshot

These are crucial evidence in court!

After Sending Legal Notice – What Happens?

Scenario 1: Recipient Responds Positively

• They agree to your demand

• Negotiate settlement

• Resolve without court

• Get settlement in writing

Scenario 2: Recipient Sends Reply Notice

• They deny allegations

• Give their version

• May make counter-demand

• Parties may negotiate

• If no settlement, prepare for court

Scenario 3: No Response

• Wait for deadline to expire (15-30 days)

• Send reminder (optional)

• After deadline, file court case

• Non-response strengthens your case

Scenario 4: Rejected/Undelivered

• Person changed address

• Refused to accept

• Address incomplete

• Try alternative address

• May need to serve through court

Reply to Legal Notice:

If YOU receive a legal notice:

Don't panic!

Step 1: Read Carefully

Understand:

• What they're claiming

• What they're demanding

• Timeline given

• Consequences mentioned

Step 2: Verify Facts

• Are allegations true?

• Do they have valid claim?

• Is there documentation?

• What's your defense?

Step 3: Consult Lawyer

Don't ignore legal notice!

Discuss with lawyer:

• Validity of claims

• Your legal position

• Best course of action

Step 4: Decide Response

Option A: Settle If claim is genuine, negotiate settlement.

Option B: Send Reply Notice Deny allegations, present your side.

Option C: Ignore (Not Recommended) Only if notice is completely frivolous/baseless. But risky!

Step 5: Draft Reply

If denying:

REPLY TO LEGAL NOTICE

Dear Sir,

This is in response to your legal notice dated [date] received by my client on [date].

My client denies all allegations made in your notice. The facts are:

1. [Your version of facts]
2. [Why their claim is invalid]
3. [Your legal defense]

Your notice is misconceived, based on incorrect facts, and without any legal basis. My client reserves all legal rights and remedies.

You are advised to withdraw the said notice immediately.

[Lawyer's Name]
Advocate for [Client Name]

Step 6: Send Reply

Same method as sending notice (Registered Post, etc.)

Common Mistakes in Legal Notices:

❌ Wrong addressee details – Notice won't reach❌ Incomplete facts – Weakens case❌ Emotional language – Looks unprofessional❌ Vague demands – Not clear what you want❌ Wrong legal sections – Shows ignorance❌ Threats beyond law – Can backfire❌ No deadline – Not effective❌ Not keeping proof – Can't prove in court❌ Sending only by email – Insufficient proof

Specific Notice Types – Key Points:

A) Cheque Bounce Notice:

• Mandatory under Section 138 NI Act

• Must send within 30 days of cheque return

• Give 15 days time to pay

• Can file case only after 15 days but within 30 days of expiry

• Mention cheque details, amount, date, reason for bounce

B) Consumer Complaint Notice:

• Mention defect/deficiency in goods/services

• Give reasonable time to rectify (15-30 days)

• State loss suffered

• Demand refund/replacement/compensation

C) Eviction Notice:

• State grounds (non-payment, misuse, owner needs, lease expiry)

• Give notice period as per agreement/rent control law

• Demand vacating premises

• Mention consequences of non-compliance

D) Defamation Notice:

• Mention false statement made

• Where and when published

• How it damaged reputation

• Demand unconditional apology and compensation

• Warning of defamation suit

E) Contract Breach Notice:

• Describe original agreement

• Specify terms breached

• Your losses due to breach

• Demand specific performance or damages

• Cite contract clauses

Special Notices:

Notice to Government Department:

• Mandatory under Section 80 CPC before suing government

• Give 2 months notice period (60 days)

• Specific format required

• Sent to concerned department and legal remembrancer

Notice Under Consumer Protection Act:

• Before filing in Consumer Forum

• Give 15 days to rectify

• State deficiency clearly

Can Legal Notice Be Sent Digitally?

Yes, increasingly accepted, but:

✓ Must be sent to official/registered email✓ Take delivery confirmation✓ Print and keep✓ Still send physical copy also for safety

Some courts now accept email notices, but physical post still preferred.

What If Addressee Refuses Notice?

If person refuses to accept:

• Postal/courier staff notes refusal

• This itself is proof

• Courts consider "deemed service"

• You can proceed with case

Can't escape by refusing to accept!

Cost of Sending Legal Notice:

Lawyer's fees:

• Simple notice: ₹1,000-₹3,000

• Complex notice: ₹5,000-₹15,000

• Specialized (cheque bounce, defamation): ₹3,000-₹10,000

Sending cost:

• Registered Post AD: ₹50-100

• Speed Post: ₹60-150

• Courier: ₹100-300

Total: ₹1,500 to ₹15,000 depending on complexity

Small investment that can save lakhs in court battles!

Legal Notice Templates:

Money Recovery Notice:

My client lent you Rs. [Amount] on [Date] which you promised to return by [Date]. Despite repeated requests, you have failed to return the said amount. You are called upon to pay Rs. [Amount] along with interest within 15 days, failing which appropriate legal action shall be initiated for recovery.

Property Dispute Notice:

My client is the lawful owner of property [Description]. You have illegally entered and taken possession of the said property without any right or authority. You are hereby called upon to vacate and hand over peaceful possession within 15 days, failing which suit for eviction and damages shall be filed.

Defamation Notice:

You have made false and defamatory statements about my client on [Date] at [Platform/Place] stating that [Statement]. These baseless allegations have damaged my client's reputation and goodwill. You are called upon to publish an unconditional apology and pay compensation of Rs. [Amount] within 15 days, failing which defamation suit shall be filed.

Real Examples:

Case 1: Amit lent ₹5 lakh to friend who didn't return. Sent legal notice demanding repayment in 15 days. Friend replied saying will pay in installments. They settled amicably. No court case needed!

Case 2: Builder delayed flat possession by 2 years. Buyer sent legal notice demanding possession and compensation. Builder gave possession within 30 days and paid ₹3 lakh compensation. Notice worked!

Case 3: Employee wrongly terminated. Sent legal notice to company. Company realized mistake, reinstated employee with back wages. Dispute resolved.

Conclusion:

Legal notice is a powerful tool – it shows you're serious, gives one last chance to settle, and strengthens your case if you go to court.

Always send legal notice before filing case. It's professional, legally sound, and often resolves disputes without expensive litigation.

Facing a dispute? Draft a strong legal notice or consult a lawyer today!