To bring an issue to the court, the main procedure is to serve a notice upon the entity or individual against whom the legal action is going to be taken. The intimation that is sent is known as a legal notice. It is a formal way of informing the other party that if your demands are not fulfilled, you intend to undertake legal proceeding against them. In India, legal notices are generally filed in civil cases, not in criminal cases, as the action is taken by the state which is the supreme authority.
Under several instances for which a legal notice can be sent to a person or an entity or a company. In case of real estate industry, following are the most common reasons for sending a legal notice in India:
- Unpaid mortgage
- Delay in possession delivery by the builder
- Eviction notice to a tenant
- Family property partition
- Illegal construction
Apart from the above-mentioned reasons, there can be other circumstances under property dispute for which a legal notice can be sent.
These days the fear of taking a legal action against the offenders or wrongdoers, for some reasons, has faded considerably. You may think whether filing a legal notice in India in case of any property dispute is mandatory or not. Well, the answer is not. In India, the filing of a legal notice is not compulsory in all the cases. Yet there is certain legislation that makes the servings of a legal notice as mandatory before going for any proceedings in the court.
When you are in a Property Management business, you may across a lot of situations where either you sending a legal notice to someone on your client’s behalf or someone have sent your client a legal notice. In those instances, certain situations may come to your way might get confused about how to start a court case in order to get the matter resolved. You can have started on your litigation journey by filing a legal notice.
Following are the different perspectives from which the importance of legal notices in property management can be understood:
- In most cases, just sending a legal notice can help in resolving the issue or the dispute by giving clear intention of filing a lawsuit against the other party.
- A person’s grievances can be easily explained in a legal notice and it can be done with the help of an advocate. To make sure that the legal notice is effective, it is important that you share all the information, regarding the matter, with your advocate. He can then select the relevant and important ones for the notice.
- The legal notice gives a chance to the other party to resolve the issue amicably. If the matter is resolute, filing the Civil Suit can be avoided.
- Legal notices are not any common letter, so be careful while receiving and replying to it. It is wise to take advice from an Advocate as they are considered to be the best in understanding the legal language and legal terms used by another advocate.
- A legal notice also acts as a reminder to the other person in the act he/she has done knowingly or unknowingly that has created a problem for you.
In Property Management, legal notices are very common but that doesn’t make it any less important. Whether you are a sender or a receiver of a legal notice, consult with your Advocate before acting. If acted wrongly, you may have to pay a very heavy price. So, better be safe then sorry.