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Serving of a legal notice ....

(Querist) 22 July 2013 This query is : Resolved 
Hello...

A legal notice was to be served as per the provisions of Sec. 106 of the Transfer of Property Act.

The legal notice was served by our opposite party to us both by Regd. Ad and UPC.

The legal notice was served on an in complete address which mentioned the correct Flat No. and City and also correct PIN Code but did not mention the name of the Locality.

In the same PIN CODE there were 6 other kinds of colonies bearing same kind of Flats No.s

The Regd Ad. was returned back blank without any remark but which was mentioned in the Opp. party Petition but it also mentioned that UPC dint came back though we had never received it ever.

We had denied the receipt of any Legal Notice due to wrong address both in our petition / evidence in chief affidavit and also in our cross examination.

Do we stand any chance to prove that the Notice was not served on us as per General Clause Act or TPA Act.

Any specific rulings of higher courts will be highly beneficial.


Thanks ...



Nadeem Qureshi (Expert) 22 July 2013
contact a lawyer in person in your area who deals with property matters
Raj Kumar Makkad (Expert) 24 July 2013
UPC cannot be termed as delivered so you have better chances to claim non-receipt of legal notice.


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