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T.K.DAS   08 October 2024

Legal notice and civil suit

Dear Advocates, 

How are you? Hope all of you are doing well.

This question is about legal notice and civil suit. 

I want to send a legal notice regarding a joint property to other joint owners of the joint property. 

Some of the issues are:

(1) Amount due to me from them

(2) Demolition of construction made by them

(3) Damages and other things

If the issues are not settled by legal notice and discussions, I want to file a civil suit against them. 

My doubt is whether I should write everything in a legal notice? 

Should I claim everything in the legal notice itself? 

At this stage, I do not know how much amount I should claim from them. 

Can I claim something in the legal notice and something else in the civil suit to be filed later? 

Essentially, the question is, at the time of filing the civil suit, do I have the freedom to deviate from what I write in the legal notice? 

Will the contents of legal notice be legally binding upon me at the time of filing the civil suit? 

Can the legal notice be vague, so that I have the freedom to claim different things in the civil suit to be filed later? 

I hope I expressed my doubt clearly. 

Thank you very much for your help in advance. 

Happy Dasara greetings to all of you. 

With best wishes,

TK Das

 



Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     08 October 2024

You have raised lot of questions here .

If you have a share in the joint property, you can demand your share in the property by issuing a legal notice to other shareholders in a plain language.

The damages and other issues are not your concern, you should concentrate on your share in the property alone.

If the property was demolished by anyone of the shareholders then it will be his responsibility to compensate to the other shareholders but you have to fight for it with documentary eividences in court seeking compensation for the loss suffered by you, if any

1 Like

Dr. J C Vashista (Advocate )     09 October 2024

You will have to quantify and specify demand for your share in the notice, which you are required to maintain in the suit.

It is advisable to consult and engage some local prudent lawyer, if not a counsel for the parties, for proper analyses of facts and guidance..

1 Like

T.K.DAS   09 October 2024

Dear Advocates,

Your replies are very helpful and I am grateful to you for giving the replies. 

With best wishes,

T.K.Das

 

T. Kalaiselvan, Advocate (Advocate)     09 October 2024

You are welcome for your appreciations and understanding....

1 Like

P. Venu (Advocate)     10 October 2024

In the given facts, legal Notice is not mandatory. Perhaps, serving such a Notice could lead to amicable settlement without resoort to litigation. In case litigation could not be avoided, the contents of the Notice does not limit the extent of your rights and the claims therefrom.

1 Like

T.K.DAS   11 October 2024

Dear Advocate Sir, 

Thank you very much for your advice on contents of legal notice. 

Very useful for me. 

With best wishes,

T.K.Das

 

adv.raghavan (Advocate,9444674980)     13 October 2024

send notice to seek partition of property(ies) then all the rest will be happening in regular suit.

1 Like

T.K.DAS   13 October 2024

Dear Advocate Sir, 

Thank you very much for your advice. 

Withy best wishes,

T.K.Das

 

Dr. J C Vashista (Advocate )     14 October 2024

You are welcome for your understanding and appreciation.

1 Like

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