How to Send a Legal Notice in India: Contents, Delivery and Deadlines
How to send a legal notice in India: what to include, who signs, delivery by post and email, and the deadlines for cheque bounce and government notices.
Short answer
A legal notice is a formal written demand, usually sent through an advocate, that states the facts, the legal basis, the relief sought and a deadline to comply. Send it by registered post or speed post with acknowledgement and by email, and keep delivery proof. Some notices are mandatory: within 30 days of a cheque return memo, and two months before suing the government.
- Who drafts
- Usually an advocate on letterhead
- Delivery
- Registered post/speed post with AD plus email
- Cheque bounce notice
- Within 30 days of return memo
- Payment window (cheque)
- 15 days from receipt of notice
- Suit against government
- 2 months' notice (section 80 CPC)
- Proof
- Keep postal receipts and tracking
When is a legal notice needed?
Most legal notices are not mandatory but they serve a purpose: they put the other side on record, often prompt settlement, and show a court that you tried to resolve the matter. A few are compulsory before you can start proceedings, and missing their timelines can end the case.
| Situation | Is notice mandatory? | Timeline |
|---|---|---|
| Cheque dishonour (s.138 NI Act) | Yes | Within 30 days of return memo |
| Suit against government (s.80 CPC) | Yes | Two months before filing |
| Recovery of dues | No, but advisable | As per contract or reasonable period |
| Termination of contract | Depends on contract | As per notice clause |
| Eviction of tenant | Depends on state law and lease | As per law or lease |
What should the notice contain?
Keep the notice factual, specific and calm. Over-claiming or threatening criminal action without basis can backfire. Identify the parties correctly, including the exact legal name and registered office of a company, because a notice to the wrong entity is of little use.
- Names and addresses of sender and recipient
- Chronology of facts with dates and amounts
- Contract clauses or legal provisions relied on
- Specific demand: payment, performance, or cessation
- Deadline to comply, commonly 15 or 30 days
- Consequence of non-compliance
- Advocate's signature, date and enclosures list
How should it be delivered?
Send the notice by registered post or speed post with acknowledgement due to the recipient's registered or last known address, and by email where the contract or past dealings use email. Courier alone may be harder to prove. Keep postal receipts, tracking printouts and the acknowledgement card. If the recipient refuses delivery, courts may treat the notice as served.
Cheque bounce notices
For a dishonoured cheque, the payee must send a written demand within 30 days of receiving the bank's return memo. The drawer then has 15 days from receiving the notice to pay. If they fail, the complaint must be filed within one month after those 15 days expire, in the court with jurisdiction over the payee's bank branch. The cheque must have been presented within its validity, generally three months from its date.
What happens after sending?
The recipient may pay, reply disputing the claim, or ignore it. A reply often reveals their defence, which helps you assess the case. If there is no response by the deadline, proceed with mediation, arbitration, a suit or a complaint as appropriate. Keep the notice and reply in your case file, since both are used as evidence.
Costs and timeline
There is no government fee for sending a legal notice. Costs are the advocate's drafting fee and postage. A straightforward notice can be drafted and dispatched within a few days once documents are ready. Allow for the response period stated in the notice before taking the next step, and diarise any statutory deadline separately so it is not lost while waiting for a reply.
Common mistakes
Wrong addresses, vague demands, missing the 30-day window for cheque bounce, and including admissions that hurt your own case are frequent problems. Do not send notices in a way that publicly defames the recipient, such as posting them on social media.
Step by step
- 1Collect documents
Gather contracts, invoices, emails and payment records.
- 2Confirm the recipient
Check the exact legal name and registered address.
- 3Check deadlines
Note any mandatory timelines, such as 30 days for cheque bounce.
- 4Draft the notice
State facts, legal basis, demand and deadline.
- 5Sign and date
Have the advocate or authorised person sign.
- 6Send with proof
Use registered or speed post with AD and email.
- 7Track and respond
Diarise the deadline and evaluate any reply.
Related services
Sources
Written by the Refogo Editorial Team from the official sources above and checked on 2026-10-31. Laws, rates and due dates change, and authorities often extend deadlines, so confirm your own case with a qualified professional. This is general information, not legal or tax advice. Read our editorial policy or report an error to support@refogo.com.
Common questions
Is it mandatory to send a legal notice through a lawyer?
Not legally mandatory in most cases, but a notice from an advocate carries more weight and is drafted with the later proceedings in mind.
Can a legal notice be sent by email or WhatsApp?
Email is commonly used alongside post. Courts have accepted electronic service in some contexts, but postal delivery with acknowledgement remains the safer proof.
How long does the recipient get to respond?
Whatever reasonable period the notice states, commonly 15 or 30 days, unless a statute fixes it.
What if the recipient refuses the notice?
Refusal recorded by the postal department is generally treated as deemed service.