Home Speak to a lawyer Meet a lawyer Flat fee services About Blog Careers Contact Us Terms & Conditions Privacy Policy Legal Topics
It\'s ME
Blog
Recent Post

Get Legato App on your mobile.

Validity of Notices.
  • By: admin
  • Date: 30 Dec 2019
  • Documentation
  • Comments:
  • Views:42
  • Likes:

The legal notices in totality do not have any validity period. However, in certain tax-related matters, it does hold high weight age in those cases. The validity of notices in income matters plays a very important role, if the taxpayer does not reply to the tax authority in time, then the penalty imposed shall be high and the punishment will be either imprisonment or fine or both in certain serious offence of income tax matters. A notice is filed only for civil related matters under section 80 civil procedure code 1908, and income tax act for few tax matters.

Time period: The taxpayer gets 90 days to reply to the income tax authorities, for stating the reason for not paying the tax on time or other income tax issues.

 

If Notice Remains Undelivered

 

Even after sending multiple notices to the accused party, if they do not respond, then one can initiate the legal proceedings by filing the case against the accused party. A legal notice is not always compulsory, but in cases where money recovery is the subject matter, then it does have a statutory value and may act as evidence in such cases.

However, if a person or an organization sends a notice which is not required or is factually incorrect or illegal or unwarranted, it can be considered as an offence.

There are certain situations where action has to be taken for undelivered notice.The following situations are given below:

  1. Refusing to accept the notice: If a party refuses to collect the undelivered notice even after sending multiple notices then such notice shall be deemed valid, and it shall be said to be a valid notice. Therefore, such a notice cannot be rejected at any cost.
  2. In cases where no knowledge of notice exists: In cases where the notice is not delivered due to no person being present at the residence, or due to some personal reasons or if there is any inconvenience regarding the exact address of the resident where it has to be delivered. Thus, it is always advisable to proceed with the legal proceeding with an n advocate.

 

Is It Mandatory To Send Legal A Notice?

 

As per section 80 of the civil procedure code 1908, it is mandatory to send a legal notice before filing a case if the opposing party is a government sector or a public official. Also, to initiate arbitral proceedings, it is mandatory to send a legal notice.

In Alupro buildings systems Pvt. Ltd vs Ozone overseas pvt.ltd, it has given a clear picture regarding the object and purposes of sending the notice under section 21 of the Arbitration and Conciliation Act and that sending of notices is compulsory. In cases, where notices have not been sent, the legal proceedings cannot be initiated between the parties and thus, creating the limitation for the same.

There is no specific law that states that it is mandatory to send a legal notice to other parties other than the government sector or officials. However, it is considered to be a good practice to send a legal notice in order to avoid long legal battles and to promote quicker outside court settlement.

The notices are also valid, if it is sent via email or WhatsApp or through other social media, and this is guided under the Information and Technology Act 2000.

 

Conclusion

 

Even though one may feel that notice is not mandatory to be sent to the other party, it is always advisable to draft one with the help of an advocate in order to avoid legal hiccups when proceedings take place in the court of law. There are no set of rules and regulations regarding notices and structure of notices, so it is the best time to make an act regarding the same that it will help in the smooth functioning of various courts of law in India. One must, therefore, be careful while drafting a notice, especially which is related to tax and other money recovery matters.

Read More

Response to a Legal Notice

By: admin Documentation 30 Dec 2019

A legal notice is an official document which is used for starting a formal communication between two parties who may have entered into a dispute regarding any particular issue. One of the parties may send the legal notice to another in the view that the other party may read and understand the legal notice which has been sent to them and give a proper response to the same within the time period. There are no set rules and regulations laid down under the Indian law which govern the response to a legal notice.

 

Cases Where Notices Are Sent

 

The following are the most common cases where the notices are sent to the other party. This is not an exhaustive list.

  • Property matters
  • Notice in consumer cases
  • Employer and employee cases
  • Marriage related cases
  • Cases under section 138 of the negotiable instruments act 1881.
  • Cases under section 80 of the civil procedure code

 

How To Respond A Legal Notice

 

Step1: Reading of the notice

First and the most important step after receiving a legal notice is to read the objective of the notice. Then one can refer the terms and conditions of the contract that has been taken into consideration. One may choose to deal with the situation with a mutual settlement or enter into legal proceedings.

Step2: Consult a qualified Advocate

If after reading the notice, one feels that it is not appropriate and not related or there is some ambiguity, then they can approach a qualified Advocate and decide the future procedure of the case.

Step3: Explaining the matter to the advocate

Once the advocate understands the matter, one can draft a counter-notice or may choose to settle.

Step4: Copy of the reply

After responding to the legal notice, one must keep proof of the same which can be used for future reference.

 

Time To Response

 

A party should try and reply to the notice as soon as possible and within the prescribed amount of days as mentioned in the sender’s notice. If it is a tax-related matter, then the response must be given to the income tax authorities within 6 to 7 working days to be on a safer side. However, there is generally no strict action taken against the individual who has not responded within the prescribed time period. Only in the case where the money is involved, certain strict actions can be taken against the individual.

 

Is It Mandatory To Reply To A Legal Notice?

 

It is not always compulsory to give a response to a legal notice under the rules and regulations given under the law. But it is still advisable to reply to the legal notice within the time period which it has to be replied with the help of an experienced advocate in order to avoid the matter from going into litigation.

Ina case where no reply has been sent to an important legal notice, it may become an added advantage to the sender of the notice during the legal proceedings and not replying to a legal notice may create problems in the future.

 

Income Tax Notices

 

It is important that an individual or the firm responds to the income tax notices if they have received one. The income tax notices can be sent to the individual on the following cases:

Section 131 (1A): Notice is issued under this section when the income tax officer wishes to investigate the income of a particular individual so that they can find out the true income of the same individual. The consequence of not responding to the notice or fails to produce the documents is a penalty of Rs. 10,000 or more.

Section 133(6): If the notice is sent to the taxpayer under this section, the income tax officers, need some information relating to a certain transaction during that particular transaction year. If the individual does not respond to the authorities within the prescribed time, fine of Rs.10,000 may be imposed and such other punishments may be levied as decided by the income tax officer.

Section 139(9), Section 143(1), Section 143(2), Section 245 and such other matters which may be related to income tax return must be responded on time to avoid severe consequences which may also result to imprisonment or high amount of fine.

 

Case Law

 

Bihari Chowdary Vs The State of Bihar

The Supreme Court had held that cases filed against public or government officials under the code of civil procedure must be given equal opportunity to prove their claim in cases where a legal notice has been sent to them. To avoid wastage of time and money during litigation matters, it's always better to give an opportunity to the other side.

 

Conclusion

 

It is not justified by law whether it is compulsory to give a response to each and every legal notice that come across to an individual, but notices pertaining to tax matters of a company or an individual, it is mandatory to respond to the income tax officers.

Read More
Comments:
Views: 44
Likes:

Procedure for filing a Notice in India

By: admin Documentation 30 Dec 2019

Nowadays, we enter into legal proceedings on a day to day basis and file cases against many individuals or firms.  In certain cases, issuing a notice becomes an integral part of such a matter where the other party is intimated that a suit shall be filed. In certain legislations, sending a notice is mandatory before filing a case in the court of law.

It is, therefore, important for us to understand as to what would be the procedure of filing a notice in the court of law or to the concerned individual.

 

Importance of Filing a Notice

 

Before deciding anything in relation to a court case or any other important matter related to the law, it is essential that one must file a notice before the court of law or to any individual or a firm and it would be an added advantage as it will save some time and money during the legal proceedings.  It may also act as evidence in certain cases where the need for producing a notice arises.

Even though there is no coded procedure it is still important that one follows a proper method for filing the notice in order for it to not stand illegal or void. It is high time that a specific coded procedure is made for the same so that no problem arises in the future.

 

Types of Notices

 

The following are some types of notices which are generally sent –

  1. Notices for Tenant Eviction
  2. Notice against an Employee or the employer of the company
  3. Notice in relation to cheque bouncing matters
  4. Notice in regards to consumer dispute    
  5. Notice pertaining to tax payer’s matters and many others
  6. Notice of retirement by a partner
  7. Notice Of Dissolution Of Partnership

 

Procedure for Filing a Notice

 

Step1: Drafting of a notice

It is the first and the most important step while filing the notice. One should draft the notice keeping in mind all the important details such as the objective of the notice must be stated clearly.

Step2: Copy of the receipt

After you send a legal notice to the other party, one must keep the copy of the receipt as well as the notice which has been sent to the requisite party as a proof of evidence that it has been sent.

Step3: With or without a lawyer

You can always send a notice to the other party without taking the help of an advocate, but one must note that the notice that is drafted should contain only the relevant issues pertaining to the case. However, it is always advisable to hire an advocate before filing a notice.

Step4: Legal language

Proper legal language should be used; no casual words should be used while drafting the notice, and one must be very careful regarding it. If there are words which are not acceptable in the court of law, then it may get rejected. Therefore, one must take the advice of an experienced advocate before taking any further step.

Step5: Wait for the reply

The individual or the firm who has sent the notice must wait for a minimum time period that is 30days to receive the reply from the other party to whom it is sent.

There is no such set of the prescribed procedure for filing of a notice under the law. However, it is always advisable to take measures before filing a notice and one must look into the procedure for filing the notice as well.

 

Conclusion

 

Thus, before filing a case against the respondent or any other individual or firm, one must follow the procedure for filing the notice even with regards, to money matters. One must be very careful using the words while drafting the notice which has to be delivered.  Also, before taking any further action it is vital that the sender of the notice waits for the reply of the opposite party.

Read More
Comments:
Views: 42
Likes:

Format of Legal Notices in India

By: admin Documentation 30 Dec 2019

A legal notice is a system of formal procedure and set of documents which are used in informing the other party that you intend to take legal action against the party. It also saves time and money of the concerned party who wish to file such a case.

 

Format Of Notice

 

Notice is an official document; therefore, it is very important to follow a strict format for drafting a notice for legal purposes. There is generally no correct or wrong format for drafting notices but it is essential to note that the structure should be suitable and the person or the organization it is sent to should understand it.

Given below is a rough draft regarding the format of the notice:

  1. Title: This is the most important point which has to be kept in mind while drafting the notice. The title which shall be mentioned has to be clear so that it helps the reader to identify the reason behind the notice.
  2. Date: Once the title of the notice is mentioned, on the left-hand side, the date has to be mentioned when the notice is drafted and issued.   As the date would be recorded for future reference.
  3. Name of the organization or the individual to whom it has to be sent: At the very beginning after the title of the notice, one must mention the name of the individual or the organization to which it has to be issued. This, in return, helps the other party to identify as to whom this notice has been issued.
  4. Heading: The next step must be the heading of the notice which should be written precisely, and the purpose of the notice must be served by the heading.
  5. Body of the notice: After mentioning the heading, a brief gist must be given regarding as to why the notice has been issued and what question of law has been raised.
  6. Sender’s name: At the end of the notice, the sender's name must be written and also the designation which he/she holds in an organization or professionally. The notice has to be signed by the person who is sending the notice.

 

Content Of A Notice

 

  1. It is crucial that the notices should cover all the details about the issue. It must contain the following W’s which are summarized below :
  2. WHAT: It must be clearly explained ‘what’ does the notice relate to. The details about what has happened and what might happen must be mentioned.
  3. WHERE: The crucial details regarding the location and ‘where’ the issue has occurred or such other details must be precise while writing a notice.
  4. WHEN: In this column, the date and time where the event has occurred and essential aspects of the same must be mentioned.
  5. WHO: To avoid confusion, the notice must contain the name of the person or the organization to which it has to be addressed. Accurate information will surely save time.

 

Important Points

 

  • Clear and precise: The maximum words to be used for notice should not be more than 50 words and language to be used should be precise and absolutely clear. The reader who reads it must immediately understand what this notice is about.
  • Formal language: It is a formal communication method; therefore; no informal language should be used while drafting the notice.
  • Simple words: No flowery language should be used. One must use simple words and make short sentences while drafting the notice to avoid ambiguity.
  • Passive voice: The sentences and words used while drafting notice must be written in a passive voice format.
  • Appeal: It must be neatly drafted and properly formatted before sending it to the accused party.

 

Conclusion

 

It is vital to have a proper format while drafting the notice as it is a formal way through which the message is sent out to the other party, and it gives a clear image as to what has to be done further.

Therefore, it is essential that the structure of the notice must be clear and precise, it must not create any confusion about the subject matter of the notice which has been sent to the concerned party. The notices form a part of the legal documentation which can be used in the court of law for documenting and recording the evidence during legal proceedings.

Read More
Comments:
Views: 22
Likes:

All you need to know: Drafting a Legal Notice

By: Adv. Jayatinn B Laalwani Documentation 17 Oct 2019

Nowadays, we enter into various litigation for some or the other issue. Some prefer to file litigation while others opt to serve a notice to the opponent by showing their intention to file a suit in the appropriate jurisdiction. A legal notice is a written document sent to a person or entity to inform about the grievances and ask them for a remedy, rejection of which will result in legal action against them. Legal notice is the initial step to a legal proceeding. It can be sent against the person or a company by any person whose legal rights have been infringed or have suffered some legal damage. 
 
Validity:
A legal notice is always specific to civil suits. A notice cannot be issued for a criminal suit, as criminal activity is always taken against the offender. It is necessary to serve notice before filing the lawsuit. The primary intention is to give a chance to the party for settlement of dispute without approaching the court. It is easier to compensate for the losses incurred by the aggrieved person.
 
Importance of legal notice:
The situation arises when one gets confused to initiate a legal proceeding to resolve the matter. Following are the various pointers proving the importance of legal notice: 
  1. It contains the clear intention of the sender to file a lawsuit to resolve the issue with other parties.
  2. A sender can describe his grievance with the help of an Advocate.
  3. Serving legal notice allows the receiver to resolve issues out of the court.
  4. It acts as a reminder for receiver about the acts that have intentionally or unintentionally done creating a problem for a sender.
 
Contents:
Legal Notice must include the following things:
  1. Name, description and residential address of the sender
  2. Name and address of the person against whom the sender has grievances
  3. Material fact, Summary of the fact/ Cause of Action
  4. Summary of relief claimed
  5. Reasonable time to reply the notice by a receiver 
  6. Signature of Lawyer and Client is a must.
 
Procedure to file Legal Notice: 
It is essential to draft notice meticulously. We are not aware of the legal importance and meaning of the common words which we use casually. 
  1. Draft the notice (It is always advisable to avail the services of a lawyer to avoid the mistakes.)
  2. The notice should be drafted under a letterhead of an Advocate
  3. Prefer colour print of the notice consisting logo of the Advocate
  4. Keep two copies of the notice, one with sender and one to the receiver
  5. Notice to be sent through Registered AD post
  6. Copy of receipt of post office and notice should be kept with the sender.
  7. It should be noted that while writing a legal notice, one should be extremely careful about every word used in the notice since it cannot be denied in the court of law. Once the legal notice is dispatched, no changes can be made, or one cannot make a contradictory statement from the content stated in the legal notice.
 
Reply to the Notice:
It is not mandatory to reply to the notice, but it is advisable to do so as no reply can add advantage to the opposite side of the further court proceeding starts. The consequences of not replying notice is not an offence under the law, but if replied, there are chances to put an end to the litigation at the start. The reply must be given in the stipulated time mentioned in the notice by the sender. There is no relevance of a legal notice as soon as the court proceeding starts. In case if the receiver does not appear despite serving summons, then the court shall pass an ex-parte order (order in the absence of the other party not appearing).
 
Checklist to reply to the notice:
Read the contents of legal notice, or the content mentioned in the agreement between the parties.
  1. It is necessary to check the limitation period to reply to the notice
  2. Check the contractual obligation of the claimant
  3. If the content mentioned in the notice is not relevant, then one can counter-threat through a claim or damages against the sender.

Read More
Comments:
Views: 311
Likes:

Gift Deed

By: admin Documentation 30 Jul 2019

What is a Gift Deed?
It is a legal document that transfers the gift from a donor, i.e. the owner of the property, to the donee, i.e., the receiver of the gift without the exchange of money. The donor giving gift must be solvent and should not use this medium for illegal gains and tax evasion.
 
What can be Gifted?
Anything which qualifies as a gift must contain the following properties:
  1. It should be well defined by existing immovable or movable property.
  2. It should be easy to transfer. 
  3. It should be the existing property and not a prospective property. 
  4. It should be tangible in nature. 
 
Process of gifting can be subdivided into three parts:
 
Drafting of the Gift Deed – The lawyer usually drafts it, it must contain what is to be transferred and to whom. Gift Deed is a contract between the donor and the donee which defines the reciprocal act of giving and taking. 
 
Acceptance – Acceptance of the gift is a legal requirement after its execution and donee must accept the gift. If the donee fails to accept the gift, it is rendered as invalid. The acceptance can be validated by taking the property possession  
 
Registration – The title of a gift cannot be passed unless and until the Deed is registered as mentioned under Section 123 of the Transfer of Property Act.  At the time of registration and post-registration, the attestation by two witnesses is required.
 
In the case of Minor: The person who owns the property can make a gift to any other person. When the donor or donee is minor, then it is an exception to the rule, as minors are not eligible to contract, they cannot transfer property as a gift. A gift deed in case of the minor donor is not valid.
 
A natural guardian on behalf of Minor can accept a gift. In the case of the gifted property, the guardian acts as a manager. Once the donee becomes an adult, it is his responsibility to either accept the burden or return the gift.
 
The registration procedure can be done as follows-
 
  1. It is necessary to sign the Deed by both the donor and the Donee in the presence of 2 witnesses
  2. Valuation of the gifted property 
  3. Submit the signed document to the nearest Sub-registrar Office.
  4. When mentioning 'nearest', it refers to the Sub-Registrar Office nearest to the immovable property, i.e. within its jurisdiction.
  5. Submit the document, pat the stamp duty and registration charges and get attestation on Deed.
 
Is Registration Compulsory?
 
Any Gift Deed, which can be movable or immovable, if challenged in court will stand as supporting evidence only if it is registered. However, for the gift deed of movable property registration is not mandatory.  However, it should be remembered that the unregistered Gift Deed is not secured legally.
 
When the gift deed is addressed to the several donees, and even one of the beneficiaries refuses to accept the gift, then the Deed is considered as a void to the limits of the part of a property that was conferred to the party who refused the gift. 
 
The key elements of Gift Deed:
 
  1. The Deed must specify the fact that the donee need not work to gain ownership of the gift.
  2. The gift deed is done with the idea that the gift is given out of the affection to the recipient. 
  3. The donor must own 100% interest in the property that he wishes to transfer in the name of the donee.
  4. It is necessary to witness the Deed along with the signature on the Deed to certify it as a valid document. 
  5. The witnesses in the gift deed act as a disintegrated party, which means that they are not receiving the benefit from the transferor are not liable to guarantee.
 
Revocable Gift Deed: When the donor drafts the gift deed and keeps the same in his possession until he decides the right time to give the gift to the recipient. The donor has the right to revoke the Deed even if the document is fully complete along with the signature of witnesses.
 
Irrevocable Gift Deed: When a gift deed is prepared and signed by the witnesses with all the legal formalities and necessities, and it is given to the donee, i,e the recipient, the donee becomes the owner immediately. As the name suggests, the Deed cannot be revoked by the donor. Therefore the deed is known as an irrevocable gift deed. The money, movable or immovable property cannot be reclaimed. Therefore, when a person thinks of making a gift deed, he should decide whether the deed should be revocable or irrevocable.
Read More
Comments:
Views: 207
Likes:

Mandatory Registration of Documents and procedure

By: Adv. Jayatinn B Laalwani Documentation 24 Sep 2019

Registration Act, 1908 vide Section 17 of the lays that, all transactions that involve the sale of immovable property value exceeding Rs 100, must be registered. This means that all the sale of immovable properties needs to be registered because no immovable property can be purchased for mere consideration of Rs 100. Additionally, all transactions of the gift of immovable property, as well as a lease for a period exceeding 12 months, are also mandatory for registration.

In some exceptional cases, where a party to the transaction isn't able to go to the sub-registrar's office, then the sub-registrar may ask any of its officers to accept the documents for registration, at the residence of such person.

Documents required and procedure

The property documents that need to be registered should be submitted to the Sub-Registrar's office within whose jurisdiction the property, which is the subject matter of transfer, is situated. The authorised signatories for the seller and the purchaser, have to be present along with two witnesses, for registration of the documents.

They must carry their proof of identity. The documents like Aadhaar Card, PAN Card, or any other proof of identification issued by a government authority are accepted for this purpose. They have to furnish the power of authority, in case they are representative of someone.  If a company is one of the parties to the agreement, then the person representing the company to carry out the registration must carry documents, letter of authority or power of attorney, with the copy of the board of resolution of the company, which authorises him.

One must present the property card (other related documents) to the sub-registrar office, along with the relevant original documents and stamp duty payment proof. The sub-registrar will cross-check whether appropriate stamp duty has been paid for the property, as per the stamp duty ready reckoner before registering the documents. In case of any deficit in the stamp duty, the registrar will not register the documents.

Points to be noted before the registration

Preparations: A day before registration, gather and keep all the documents that are required for registration. In case you are not careful, you run the risk of losing the papers. Before you leave the for the Sub- registrars office, make sure you collected all your documents.

Payment: These days, stamp duty and registration charges are paid much before appearing in the sub-registrar's office to register your property. If required take a lawyer’s assistance to deal with this part of the transaction. Only after payment of the stamp duty and registration charges an appointment is made at for property registration.

Additional Documents: With the relevant property documents, keep your PAN Card and Aadhaar card. You could also produce your or passport, voter ID card or driving license in place of Aadhaar card. These documents are the first things you will have to show when the Teller, the Reader and the Sub-Magistrate call your name, also take along two passport size photographs of both the parties.

If the property is under a lease from any development authority or government department, you will need transfer permission from the lessor for registration of the document. In the case of agricultural property/ farmland, a No Objection Certificate is also required from the appropriate authority to prove that the property is not subject to any acquisition proceedings.

Both the parties and the two witnesses along with their identification proofs need to be present at the time of registration. You may also be required to produce a past chain of title documents at the time of registration of the title deed.

These documents are then verified by a clerk who takes the thumb and finger impression of both parties on the documents. The sub-registrar verifies the original title documents, and ID cards of all parties take digital photographs of both the parties along with witnesses and issues a receipt to collect the original title deed.

TDS: In case the aggregate payments made to a single service provider during the year exceeds Rs 50 lakh, an individual or HUF availing contractual or professional services will have to deduct TDS at the rate of 5 Percent.

Witness: Witnesses are quite crucial for the process of registration to take place. They must be present with you during the entire process and must have a valid proof of ID along with them. The witnesses should be such people whom you may know.

Equal Treatment: There are no separate queues for women or senior citizens. All people are treated equally in the Sub-Registrar’s Office.

Time frame: Typically, it takes 5 to 6 days for the documents to get registered. Only after production of the receipt issued to you at the time of registration, your documents will be handed back to you. The bank may send its representative to collect the document, in case of home loan. You can by yourself receive the papers and give them to the bank as well.

Read More
Comments:
Views: 231
Likes: