Who has the jurisdiction to Legal notice
10 months ago
Hi Team. My great grandfather is no more and has left some money in his account which my grandmother and her 2 sisters wanted to recover from bank but bank is denying it. So if we wanted to send legal notice thru which court we can send it from district or session or high Court?? please help
A.Hi client,
A legal notice is a formal communication where the sender is an advocate on behalf of his client, he writes the same. It is generally a warning or a settlement notice , to avoid the matter to go to the court at the first stage. It does not involve a court.
The thing which you are willing to send is perhaps a court order, you need to file a court case and from there in a summon/order will reach the person.
A legal notice is a formal communication where the sender is an advocate on behalf of his client, he writes the same. It is generally a warning or a settlement notice , to avoid the matter to go to the court at the first stage. It does not involve a court.
The thing which you are willing to send is perhaps a court order, you need to file a court case and from there in a summon/order will reach the person.
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A.Dear client,
A legal notice is filed as per 'Section 80 of Code of Civil Procedure, 1908', only in civil cases. A legal notice is a notification and thus carries the following information: Precise statements and facts describing the grievance for which the response is to be taken.
Usually in India, one can send a legal notice for the partition of the property mainly in two scenarios:
When one or more than one member of a joint undivided property sale, gift, mortgage, lease out or dispose of any other way; it is an illegal act. Without the written consent of all the other co-owners, it can be opposed by others through a legal notice for the partition of property. The rule is only applicable in case of ancestral property and not applicable in case of self-acquired properties. The legal heirs of the deceased owner of a self-acquired property can dispose of that property in accordance with their wish. Nobody will have the right to raise any objection over that.
On the other hand, in case there is one or more than one owner in the joint property, who is/are willing to do partition of the property and express their intention to others and if the other owners deny doing so then legal notice for partition suit can be sent against them.
After receiving a legal notice, if defendants agree with the terms, then mutually all parties can sign a Deed of Partition. A competent advocate drafts this properly. You can also register this before the respective District or Additional District Sub-Registrar.
A legal notice is filed as per 'Section 80 of Code of Civil Procedure, 1908', only in civil cases. A legal notice is a notification and thus carries the following information: Precise statements and facts describing the grievance for which the response is to be taken.
Usually in India, one can send a legal notice for the partition of the property mainly in two scenarios:
When one or more than one member of a joint undivided property sale, gift, mortgage, lease out or dispose of any other way; it is an illegal act. Without the written consent of all the other co-owners, it can be opposed by others through a legal notice for the partition of property. The rule is only applicable in case of ancestral property and not applicable in case of self-acquired properties. The legal heirs of the deceased owner of a self-acquired property can dispose of that property in accordance with their wish. Nobody will have the right to raise any objection over that.
On the other hand, in case there is one or more than one owner in the joint property, who is/are willing to do partition of the property and express their intention to others and if the other owners deny doing so then legal notice for partition suit can be sent against them.
After receiving a legal notice, if defendants agree with the terms, then mutually all parties can sign a Deed of Partition. A competent advocate drafts this properly. You can also register this before the respective District or Additional District Sub-Registrar.
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