In this article, we will
discuss about the complete procedure to draft a Legal Notice, and afterwards to
send it to the builder.
·
If you are cheated by builders or facing any problem
regarding a purchase agreement in a property, then with the implementation of
various strict laws and recent amendments, now you can send a legal notice
against a builder for either the possession or else for a refund of the amount
plus the interest.
·
Steps to Draft a Legal Notice
to builder: Below are the steps –
1.
The legal notice must be drafted in the letterhead of an
Advocate.
2.
The legal notice should contain the name, address and contact
details of the advocate.
3.
It should contain all the communication details of the sender,
such as name, contact number, address, etc.
4.
It should be clearly mentioned in the notice how your right
has been infringed due to the builder or his men and agent and for that what
relief you want from him.
5.
A specific direction in respect of the relief shouted by the
sender must be given to the opposite party and time limit must be given.
6.
The notice must be signed with date by the Advocate.
·
Steps for sending legal
notice against builder:
1.
At first contact a lawyer who has good drafting skills and
technical know-how in the field of Property and Real Estate Laws and consumer
protection act, and also have good knowledge regarding how to write a legal
notice to builder. To draft legal notice against builder you can take help from
a good lawyer or avail services from LawTendo.
2.
Discuss with the lawyer the whole facts and supported by the
agreement, brochure of the builder, money receipts or any other documents which
can be used as proof of your payment.
3.
The notice can be sent either in English or in any other
Indian language which is spoken and understood by the builder.
4.
In your consulting session with the lawyer, you should
explain all the relevant information in details along with:
a)
the name of the builder (if it’s a proprietorship firm) in
case it’s a company the name of the company and the name of the Directors,
b)
address,
c)
Date of the agreement.
5.
Your lawyer carefully studies the information you have shared
and, makes the relevant and required notes in the conversation with you and can
seek any additional information from you, if required to finish drafting of the
said notice.
6.
The lawyer then drafts the notice in legal language where:
a)
the reason behind sending the notice must be clearly
mentioned,
b)
All of the previous communications regarding the cause of
action.
c)
To offer the addressee/opposite party a reasonable time
(usually 15 to 30 days to settle the matter through negotiation and by
performing the desired action to his clients i.e. yours).
d)
Depending on the grievance, usually the lawyers, on behalf of
the client sending the notice, stress on the need for an action to be taken in
the stipulated period of time to either fulfil the demand or seek a reply.
7.
The notice is duly signed by the lawyer. It is either sent
via registered post or speed post or courier, and the acknowledgement is
retained.
8.
A copy of the said notice is retained by the lawyer
concerned.
9.
After receiving the notice the builder will reply
himself/herself or through their advocate or take appropriate action.
10.
If that doesn’t happen, you can directly go to court against
the builder without any further communication.
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or contact us at +91-9671633666 or [email protected].