Legal
5 years ago
A notice sent by a lawyer to a tentat by a speed post and not by registered post is legally served
A.Section 106 in The Transfer of Property Act, 1882
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]
In view of above wordings it shall be treated as legally served there is no word "registered" or "speed". Any of the two modes can be used to send the notice.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]
In view of above wordings it shall be treated as legally served there is no word "registered" or "speed". Any of the two modes can be used to send the notice.
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Ambrose Leo
Responded 5 years ago
A.Yes.As per the settled law it should be duly served.
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Nirmal Chopra
Responded 5 years ago
A.Law is very clear on this point.If you have original speed post receipt , it is admissible in evidence that letter/notice was duly sent.The only difference between registered post and speed post is of time taken for delivery and it has nothing to do with admissibility of speed post receipt.
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A.No issue. It is served. The law never say that it must be served by Regd Post even if it is there the SC has given otherwise verdict and clarifications.
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