#HOW #REPLY #LEGALNOTICE?
Before knowing how to reply to a legal notice, it is important to know the fundamentals about how a Court works. Courts work on evidence. No evidence. No Justice. Courts are scientific in nature. Remember, Courts are never emotional.Courts work on logic and common sense. The food for Courts is evidence. Courts love evidence.
Whenever, you receive a legal notice, there could be two styles. One informing facts and the other informing fiction. Hope you know what is fiction. If fiction is informed, then you can totally ignore the legal notice. Because the sender can’t prove the fiction. He will only suffer if he comes to court. Fiction in legal notice means emotional part of the story which can’t be proved by the sender of the legal notice. What is emotional part of any Story - The parts which make you cry or laugh are emotional parts.
When facts are correct, the first thing receiver should check is about the evidence in the hands of the sender.
If there is strong evidence, you must respond by denying the facts. Why you should deny, I will make a seperate video. Do not try to reply to the Legal Notice on your own. Meet an Advocate and he will help you. Because you will not know the technique of replying to the legal notice and any mistake shall land you in trouble as your response can be used in evidence.
For example, you take a loan of Rs.one lakh from Bank. And you defaults. Banks issue a legal notice. Then the evidence in the hands of the Bank is very strong. You can’t escape. Then you must reply denying the facts alleged in the legal notice. Even though you had taken the loan, you must deny.
If the facts are correct but evidence is weak, then you must ignore the legal notice. For example, if you take one lakh handloan from a friend by way of cash and there is proof like call recordings etc., the evidence is weak. It is difficult for the sender of legal notice to prove the case based on call recordings. Because on the first hand, call recording itself is illegal without permission or unless it is Government. That is the reason why you see “This place is under CCTV survelliance” in Malls and whenever you are talking to customer care of any company, they alert you that they are recording calls for training purpose.
Inputs for "Reply Legal Notice" from N.Govindarajulu vs N.Mahendran by Madras High Court
13.By reply vide Ex.A.10/Ex.B.22 dated 22.02.2011 to Ex.A.3 legal notice dated 28.1.2011, the Appellant did not agree for partition.
14.In Ex.A.10/Ex.D.22, reply legal notice dated 22.02.2011, the appellant alluded to existence of Schedule B and C properties www.judis.nic.in which gave rise to the above suit though the notice was issued for partition of Schedule A property alone.
15.The respondent proceeded to file O.S.No.41 of 2011 on 01.03.2011 for partition of the Schedule A, B and C properties without adverting to Ex.A10/Ex.D22, reply legal notice dated 22.02.2011.
16.It was pleaded and accepted by the parties hereto that the respective families lived together as a joint family with the common kitchen.
17.This has been specifically, admitted in Ex.A.10/Ex.D.22 reply legal notice dated 22.02.2011 of the appellant in response to Ex.A3-legal notice dated 28.01.2011 issued by the respondent.
18.In Ex.A.10/Ex.D.22 reply legal notice dated 22.02.2011, the appellant stated that the respondent had executed a document relinquishing his rights over the Schedule B and C property in return for the favours extended by the appellant to celebrate the respondent’s daughter Sowindira Priya’s wedding in the year 1999.
22.Ex.A.10/Ex.B.22- reply legal notice dated 22.02.2011 issued on behalf of the appellant also highlighted the relationship between the parties. It is extracted as under:-
”It is not true that our client has developed animosity with your client. Your client never www.judis.nic.in demanded any division of property and hence no occasion was arisen for the refusal of division of the property of our client. Since the properties belong to the family are in common enjoyment and possession, demanding division of property would not at all arise. Property is detailed in notice under reply are not correct. 4th item is only 283 5 ft² and not 28358 sq.fts. The first, second and fifth item and also property in T.S.No.32 of the properties described in the notice under reply were already sold by your our client and our client to 3rd parties through registered sale deed. Other items of properties are in joint possession of your client as well as our client.
26 июн 2020
