Is legal notice part of judicial/legal process ?

bharat khatwani (Querist) 22 June 2024 This query is : Open
My tenant has sent legal notice with baseless claims and without any supporting documents and has stopped paying rent. I have responded to this legal notice through advocate but tenant has not started paying rent. One of claim is for reimbursement of 100,000 (equal to 30 year's rent) spent by tenant for repairing, done without sending notice, he has not even provided bills, vouchers etc. to support his claim.. As per rent act tenant can demand repairing cost up to rent of 4 months only. I have asked him to withdraw notice and start paying rent. Is there any method of "quashing" legal notice?

Follow Query

Report Abuse

Quick Summary

This discussion explores whether a legal notice is considered part of the formal judicial or legal process. Participants share experiences with tenants issuing baseless legal notices for repairs and rent reimbursement, often without proper documentation. While a legal notice itself isn't always a procedural step, specific rent acts may require them for actions like eviction, and landlords can respond with a formal reply.

T. Kalaiselvan, Advocate (Expert) 22 June 2024
You have repeated the same question in another thread today itself, you can visit that thread to know more answers.

P. Venu (Expert) 24 July 2024
A legal notice is not the part of the part or procedure unless prescribed by the statute.

bharat khatwani (Querist) 28 July 2024
Mr.P.Venu, Pl. rephrase.

K Rajasekharan (Expert) 26 August 2024
Different states may have different rent laws. Kerla rent law, in its section 11, says that a Statutory Notice is a must to evict a tenant and the eviction can be done only based on some specified reasons, stated under Section 11 of the act.

In response to a legal notice, you have the right to send a reply but you cannot file a case against a legal notice.

bharat khatwani (Querist) 27 August 2024
I have received a legal notice from my tenant demanding an outrageous sum equivalent to 150 years' worth of rent for repairs. The notice also attempts to pressure me into carrying out additional major repairs, alleging that the property is unsafe for habitation. It even states that I would be held responsible for any accidents or fatalities due to the condition of the house.
Interestingly, the notice does not threaten legal action, but the tenant's lawyer has asked me to meet with the tenant. In response, I sent a formal reply, asking both the tenant and their advocate to withdraw the notice, but I have received no response. I suspect this is a deliberate tactic by the advocate to force me into litigation, wasting my time and money, or to pressure me into paying the tenant.
However, I have chosen a different approach. I plan to take the matter up with the Bar Council, filing a complaint against the advocate for violating Rule 4 and Rule 5 of the Bar Council's Conduct Rules. I have been informed that no advocate has ever been penalized for breaching these rules. Is this truly the case?

bharat khatwani (Querist) 28 August 2024
Bumping this thread for further insights....................NOT RESOLVED

bharat khatwani (Querist) 28 August 2024
Bumping this thread for further insights....................NOT RESOLVED

Read more at: https://www.lawyersclubindia.com/experts/is-legal-notice-part-of-judicial-legal-process--760616.asp

bharat khatwani (Querist) 28 August 2024
Bumping this thread for further insights.

Read more at: https://www.lawyersclubindia.com/experts/is-legal-notice-part-of-judicial-legal-process--760616.asp

bharat khatwani (Querist) 07 September 2024
Mr.P.Venu, Is legal notice part of procedure in case of Gujarat Rent control act 1947?.

bharat khatwani (Querist) 08 September 2024
What is declaratory relief suit?

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries