Legal Notice format (with complete instruction)

A notice is an announcement to inform someone about something, in the world of law “notice” means to draw someones attention to some matter or to inform about something; therefore, it can be said that a “legal notice” is a notice under the obligation of law, it could be a notice that is required by law to inform someone about some violation of law to take proper action or to compensate such violation similarly, a legal notice could be given to a party to inform them about the legal action taken by another party. For example, it could be a notice informing that a party is going to purchase a certain property or certain claims and demands in a legal format.

The legal definition of Notice

Notice is defined under section 3 of the Transfer of the property act, 1882 where it articulated, “A person is said to have notice” of fact not only when he actually knows of the same but also when he should have known but for diligent searches and enquire. Let me explain this with the subdivision of the notice.

There are three kinds of notice.

1. Actual Notice(Express Notice): When a person acquired actual knowledge of a fact. (..when he actually knows ..)
2. Constructive Notice(Implied Notice): When the subject matter is not specially informed but very probable to know by an ordinary person unless there is intentional abstinence or gross negligence. (.. but also when he should have known.. )
3. Notice to the agent: When the information is given to the agent and duly received by the agent, whether actually it is passed to the master or not.

Where A Legal Notice is required (a non-exhaustive list)

• Transfer of the Property Act, 1882.
  • Section 106; Notice relating to lessee
• Code of Civil Procedure, 1808
  • Section 80; Notice to the government before suit
• The Sale of Goods Act. 1930
  • Section 54(2); Where the goods are of a perishable nature, notice to the buyer.
• The Railways Act, 1989, under section 106
• The Negotiable Instruments Act, 1881
  • Section 138; A notice to the drawer in case of Dishonour of a cheque for insufficiency fund, etc.

How to write a legal Notice

To write a Legal Notice we can divide a Legal Notice into 5 main parts and subparts. Please go through the various parts and try to understand the connection with the example given and given sample.

A. Reference, which includes,

1. Reference of the legal notice: You must provide a unique reference for each legal notice so that it can be traced.
2. Date: date of the notice
3. Title (I.e Legal Notice – Registered post with AD)

B. Parties, which includes,

1. Name, title and address of the notice receiver
2. Name, title and address of the notice sender
3. If the notice is sent on behalf of any person by another person(I.e lawyer, law firm etc) then the name, title, address and details of that person (client)
   – Clear and confirm Name, address and possession of each person.

C. Subject

1. Subject of the Notice(I.e Legal Notice for Breach of Deed of Agreement)

D. Body, which includes,

1. Address: Address/mention the other/s part, (I.e Dear Sir, Dear Mam etc. )
2. Legal Authority to send the legal notice: Clarify how you as a lawyer empowered to serve him the notice. You can write “Under the instruction of my above-named client, Rohima Farhana, a bona fide purchaser, I do hereby give you notice that”
3. Description
   1. Description of the fact: Chronological description of facts
   2. Description of each Cause of action: When the cause of action took place when it was noticed.
   3. How the law or deed is violated: How the cause of action took place
   4. The relief, remedy, claim, reply the party wants or how the issue/problem can be solved: what does your client want, how, why.
4. Legal Action
5. What action you may take in case of failure to comply with your notice or what can they face.

E. Signature and others

1. A signature, With seal, designation, address and details of the advocate

Other general practices that you may like to follow:

• There is no exact (wording) format to follow but you have to use legal terms and common words to avoid debate over words and meaning.
• Describe every incident and cause of action in details, describe such a way so that the pain of your client can be seen when someone read this legal notice.
• Describe things according to date so that you can easily use the same material in the plain if needed.
• Save a printed copy for your chamber also.

LEGAL NOTICE FORMAT

Short Fact: The developer company has violated the terms and conditions of the deed of the agreement by providing useless car parking. This is an example of a civil legal notice arising out of breach of contract and step towards a civil suit.

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Legal Notice/Hill/April/2019.                            19 April 2019

Legal Notice

(With AD)

To:

1. Hossain Chowdhury

Managing Director

Develop Dhaka BD. Co. Ltd.

Prime Vill, House No. 336(2^nd floor),

Road No. 2, Block-I, Bashundhara Residential Area
Baridhara, Dhaka 1229.

2. Rohman Hossain

Director

Develop Dhaka BD. Co. Ltd.

Prime Vill, House No. 336(2^nd floor),

Road No. 2, Block-I, Bashundhara Residential Area

Baridhara, Dhaka 1229.

Notice Receivers.

From :

Rayhanul Islam,
Advocate, Judge Court Dhaka.

 

On Behalf of:

Rohima Farhana

Daughter of Chowdhury Ali Ahmed

Present Address

Sky Residence
Plot No. 210 and 301, Road No. 8
Flat No – 5 no Duplex Flat, Block I,

Bashundhara Residential Area, Dhaka-1229.

                       Notice Provider

 

Subject: Legal Notice

Dear Sir,

Under the instruction of my above-named client, Rohima Farhana, a bona fide purchaser, I do hereby give you notice that:

1. My client the notice provider has purchased 156.006 Ajutangsho of undivided and unidentified land out of 3966Ajutangsho land of the Scheduled property and a duplex flat comprised of a total area of 3400 (three thousand four hundred) squire feet of real state property from you the notice receivers, in your 10 storied building named Sky Residence, Plot No. 210 and 301, Road No. 8, Flat No – 5 no Duplex Flat, Block I, Bashundhara Residential Area, Dhaka-1229, which includes 200 (two hundred) square feet car parking area, common area among other things vide Registered Sale Deed No.2345 dated 11.2017 for a consideration of taka 90,00,000/- (Ninty lac) as purchase money.
2. That our client paid the purchase money in full within due time as well as followed all the legal procedures required; thus she received the possession of the said scheduled property on June 2018 with a condition that she cannot use more than one electric fan and electric bulb and since July 2018, my client could not live or use that property due to your illegal and illogical condition which is a violation of the terms and conditions of the sale deed dated 11.2017and my client- the notice provider has repeatedly requested you  to hand over the same with all functional utilities and in her utter dismay she saw that in spite of receiving the purchase money in full you-the notice receivers did not pay any heed to her reasonable demands.

3. That irrespective of my clients demands the Scheduled property was finally delivered with all facilities to our client on 23.02.2019 and after being delivered with all facilities, our client noticed that you-the notice receivers/sellers have breached the terms and conditions of the said sale deed dated 11.2017as well as the laws of the land.

4. That among two car parking spaces that you have provided to my client according to the sale deed, the value of which is taka 9,00,000/-(Nine lac) each, you have provided one parking space beside parking No. “P26” and adjacent to the Emergency Exit which is unauthorized according to your Ground Floor Plan that is approved by RAJUK, you- the notice receivers have converted a corner area that is planned and approved for open green space according to the authorized plan, simultaneously the particular parking space is not usable at all because of no direct attachment to the driveway therefore my client cannot use it without removing two cars beside it which is very impractical thus the parking space is useless, and therefore, this is a shady and illegal business practice and a clear breach of the terms and conditions of the sale deed as well as law of the land.

5. That the above-mentioned parking space is not usable and valueless due to the nature and position thus my client want you to provide a new parking space which is, well planned according to your floor plan and legally approved by the RAJUK instead of that illegal and unusable parking space or claims taka 9,00,000/- (Nine lac) in case you- the notice provider fail to provide such new parking space.
6. That it is most humbly requested that you, the notice receivers, as you caused irreparable loss and injury both economically and psychologically to my client by breaching the contract and the law of the land, she claims damages in the following manner:

Chart of claims

SL No	Short Description of claim	Amount of the damages
01	New parking space instead of the illegal parking space or taka 900000/- (Nine lac) if failed to provide such new parking space.	9,00,000/-
In total		9,00,000/-

Total claim: Taka 9,00,000/- (Nine lac) only

Therefore, if you, the notice receivers, do not take necessary action as mentioned in the notice to solve the above-mentioned issues by paying taka 9,00,000 (Nine lac) within next 07 (seven) working days of receiving this Legal Notice, to ensure proper justice of my client, I will advise my client to take legal action in the court of law to get redress in accordance with the civil and criminal law of Bangladesh.

A copy of this Legal Notice is kept in our office for future reference.

 

With Thanks

 

Rayhanul Islam,
Advocate, Judge Court Dhaka.

 

Schedule -1

“156.006 Ajutangsho of undivided and unidentified land out of 3966 Ajutangsho land of the Scheduled property and a duplex flat comprised of a total area of 3400 (three thousand four hundred) squire feet of real state property from you the notice receivers, in your 10 storied building named Sky Residence, Plot No. 210 and 301, Road No. 8, Flat No – 5 no Duplex Flat, Block I, Bashundhara Residential Area, Dhaka-1229, which includes 200 (two hundred) square feet car parking area, common area among other things vide Registered Sale Deed No.2345 dated 19.11.2017 for a consideration of taka 90,00,000/- (Ninty lac) as purchase money “

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How to send a legal notice

Now the last question may also come to your mind that how to send this notice? The answer is, generally it is sent via Registered post with AD

I hope this guideline with the complete example and format will help you to write your own one. In case if you need any help let us know in the comment. You can also ask for our professional help here lawhelpbd@gmail.com