If I want to send a legal notice, do I need to have a native place advocate or is there any place from India I can do?

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General discussion

Here’s how it works:

  1. Jurisdiction:
    • A legal notice is generally sent to initiate communication before filing a case.
    • It can be sent by any advocate licensed to practice in India, but it is usually better to choose an advocate who practices in the jurisdiction where the notice recipient resides or where the cause of action arose.
    • For example, if the recipient lives in Mumbai, ideally the advocate can send it from Mumbai for convenience if it later leads to filing a case.
  2. Remote Sending:
    • Advocates can draft and send notices from anywhere in India. Many advocates now send legal notices via email or courier, so physical presence is not mandatory.
    • Courts recognize notices sent via speed post, courier, or email (if the other party acknowledges) as valid.
  3. Practical Tip:
    • If your advocate is far away, you can still engage them, but make sure they can handle further proceedings if the matter escalates to court in a specific city.
    • Sometimes, for efficiency, people hire local advocates near the recipient, especially if a case is likely to be filed there.

✅ Conclusion: You can send a legal notice from anywhere in India through a licensed advocate, but choosing one familiar with the local courts of the recipient is advantageous.

Wed, 10/01/2025 - 09:27