A legal notice is a formal letter, usually sent through an advocate, that tells the other side what they did wrong, what you want, and what you will do if they do not act within a fixed time. It is often the cheapest way to get a dispute moving, and for some cases it is compulsory before you can go to court.
Most notices are not required by law. They are sent because they work: a builder, employer, tenant or borrower who ignored your messages often responds once an advocate’s letter arrives. In a few cases, though, the law insists on a notice, and getting it wrong can sink the case later.
When a legal notice is compulsory
| Situation | Notice required | Time |
|---|---|---|
| Suing the Central or State Government, or a public officer for an official act | Section 80 of the Code of Civil Procedure | Wait two months after the notice is delivered before filing |
| Cheque bounce case | Demand notice under Section 138 of the Negotiable Instruments Act | Send within 30 days of the return memo. The drawer gets 15 days to pay |
| Some statutory bodies and local authorities | Notice under the law that set them up | Varies with the statute |
Section 80 CPC: suing the government
Before you sue the government or a public officer over something done in an official capacity, Section 80 CPC requires a written notice and a wait of two months after delivery. For a State Government, the notice goes to a Secretary to that Government or the Collector of the district. It must give your name, description and address, the cause of action, and the relief you want.
If the matter is genuinely urgent, Section 80(2) lets you file without the notice, but only with the court’s leave. The court will not give you relief until the government has had a chance to respond, and if it finds there was no urgency, it will return the plaint and you will have to send the notice anyway.
For cheque bounce, see our full guide to the Section 138 process in Karnataka.
When a notice is a good idea even if not required
- recovering money lent or unpaid invoices (see recovering money someone owes you)
- a builder delaying possession or refusing a refund
- a landlord not returning the security deposit, or a tenant not vacating
- unpaid salary, gratuity or full and final settlement
- defamatory posts or messages
- a defective product or poor service, before a consumer complaint
In many of these, a notice also creates a record. If the matter goes to court, the judge sees that you gave the other side a fair chance.
What goes into a legal notice
A good notice is short and specific. It does not threaten, exaggerate or argue the law at length. A typical structure:
- Heading and mode of sending: the date, and how it is sent (for example, Speed Post and email).
- Parties: your name and address as the sender’s client, and the recipient’s full name and correct address.
- The facts: in numbered paragraphs, in date order. What was agreed, what you did, what they failed to do. Refer to documents by date.
- The legal basis: one or two lines on why they are liable, such as breach of contract or a specific statute.
- The demand: exactly what they must do, such as pay a stated sum with interest, hand over possession, or remove a post.
- The deadline: usually 15 or 30 days from receipt, or the period the law fixes.
- The consequence: that you will file a suit, complaint or case without further notice, and claim costs.
- Signature: of the advocate, on letterhead, with enrolment details.
The facts paragraph is where most self-drafted notices go wrong. If you state an amount, date or agreement that your documents do not support, the other side will use it against you in court.
How to send it
Send the notice by more than one mode, so the recipient cannot later say they never got it.
- Speed Post. India Post merged Registered Post into Speed Post from 1 September 2025, so the old “RPAD” option is now booked as Speed Post. Ask for proof of delivery at the counter, and keep the receipt and the online tracking printout.
- Courier, with a signed delivery record.
- Email and WhatsApp, to addresses and numbers the recipient actually uses, such as those in the agreement or past correspondence. Keep screenshots showing delivery.
- By hand, with a signed and dated acknowledgement on your copy.
Send to every address you have: residence, office, and the address in the agreement. If the notice comes back “refused” or “unclaimed”, keep the returned envelope unopened. Courts often treat a properly addressed notice as served even if the recipient refuses it.
What a legal notice costs in Bengaluru
There is no fixed fee. Advocates usually charge a flat amount for drafting and sending a notice, and the figure depends on:
- how many documents need to be read before drafting
- whether it is a simple payment demand or a property, family or commercial dispute
- how many parties and addresses it goes to
- whether a reply and follow-up are included
Postage is extra but small. Ask for the fee in writing before you start. Our article on lawyer fees in Bangalore explains how fees are usually quoted.
If you have received a legal notice
Do not ignore it, and do not reply in anger on WhatsApp.
- Check the deadline. For a cheque bounce notice, you have 15 days from receipt to pay. Most other notices set their own period.
- Gather your documents: the agreement, payment proofs, messages.
- Reply in writing through an advocate, ideally within the period stated. The reply should deny what is wrong, admit what is true, and set out your version. Anything you leave unanswered may be presented later as something you accepted.
- Do not admit a debt casually. A written acknowledgement of a debt can restart the limitation period for the other side.
A reply is not compulsory in most cases, but a careful one often ends the matter or pushes it toward settlement.
Questions people ask
Is a legal notice compulsory before filing a case?
Only in some cases, such as suits against the government (Section 80 CPC) and cheque bounce complaints (Section 138 NI Act). In most other disputes it is optional but useful.
Can I send a legal notice myself without a lawyer?
Yes, the law does not require an advocate to send a notice. A notice from an advocate is usually taken more seriously, and is less likely to contain statements that hurt you later.
What is the time limit to reply to a legal notice?
It depends on the notice. Many give 15 or 30 days. There is no general legal deadline, but replying within the period stated is sensible.
Is a legal notice sent by WhatsApp or email valid?
Courts increasingly accept electronic delivery where the address or number is shown to belong to the recipient. Send it by Speed Post as well, so you have postal proof.
Talk to us about your matter
Call or WhatsApp to fix a time. Bring your papers to the office in Rajarajeshwari Nagar.
This article is general information about the law as it stood when it was written. Your facts change the answer. Speak to an advocate before you act on it.