Notices

Legal notice format

How a legal notice is drafted and served in India: what it must contain to be effective, the notice period, service by registered post, and the special two-month notice against government under Section 80 CPC.

A legal notice is a formal written demand issued through an advocate before litigation, calling upon the addressee to perform an obligation or cease a wrong within a stated period. It has no single prescribed form, but to be effective it must identify the client and the addressee, set out the facts and the legal basis of the claim, make a specific and quantified demand, fix a reasonable compliance period, and be served in a provable way. Where the intended defendant is the Government or a public officer acting officially, Section 80 of the Code of Civil Procedure, 1908 requires two months' notice before suit.

Governed by
  • Section 80, Code of Civil Procedure, 1908 (suits against Government or public officers)
  • Contract, property or statutory provision under which the claim arises
  • Limitation Act, 1963 for the underlying claim
Where it is filed
Not filed in court. It is served on the addressee and later produced as the pre-suit demand.
Who files it
The aggrieved party, through an advocate, whose signature and enrolment particulars appear on the notice.
Time limit
The notice does not extend limitation on the underlying claim. Under Section 80 CPC, two months must elapse before a suit against the Government is instituted, and that period is excluded from limitation under Section 15(2) of the Limitation Act.
Languages PleadEasy drafts this in
English, Hindi, Tamil, Malayalam

What a legal notice must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Advocate's letterhead

    Name, enrolment number, address and contact details, with the date.

  2. 2.Client's authority

    A statement that the advocate writes under instructions from the named client, with the client's full address.

  3. 3.Facts

    A dated, chronological narration of the transaction or the wrong, with reference to documents.

  4. 4.Breach and legal basis

    The specific obligation breached and the provision, contract clause or right relied on.

  5. 5.Demand

    A precise demand: an amount with its computation, delivery of possession, cessation of a specified act, or performance of a defined obligation.

  6. 6.Compliance period

    A reasonable period, commonly 15 or 30 days, or the period a statute prescribes.

  7. 7.Consequence

    The civil or criminal proceedings that will follow non-compliance, stated without threatening anything not legally available.

  8. 8.Service

    Registered post with acknowledgement due to the last known address, with email or courier as a second mode, and dispatch proof retained.

Mistakes that get this document returned

  • An unquantified demand, so the addressee cannot comply even if willing.
  • Threatening criminal action in a purely civil dispute, which invites a counter-allegation and weakens the case.
  • Sending to an address that is not the addressee's last known address on record.
  • Not keeping the postal receipt and acknowledgement, so service cannot be proved.
  • In a claim against the Government, filing suit before the two-month period under Section 80 CPC expires.

Frequently asked questions

Is a legal notice mandatory before filing a suit?

Not generally. It is mandatory in specific situations, notably a suit against the Government or a public officer under Section 80 CPC, a cheque bounce prosecution under Section 138 of the NI Act, and certain tenancy and statutory claims.

How long should a legal notice give for reply?

Where no period is prescribed, 15 to 30 days is standard and is treated as reasonable. Statutory notices carry their own periods, such as 15 days under Section 138 of the NI Act.

What happens if the legal notice is ignored?

The sender may proceed with the suit or complaint. The unanswered notice becomes evidence of the demand and of the addressee's failure to respond.

Can a legal notice be issued in Tamil or Malayalam?

Yes. A notice may be issued in any language the addressee understands. PleadEasy drafts legal notices natively in English, Hindi, Tamil and Malayalam rather than translating an English draft.

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Related formats

Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.