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All you need to know: Drafting a Legal Notice
  • By: Adv. Jayatinn B Laalwani
  • Date: 17 Oct 2019
  • Documentation
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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.

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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.

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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.
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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.

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