Proper response to vague legal notice
Should I answer the legal notice in detailed form with all the proofs or just generally as his legal notice is very vague only talking about cheque and 15 lakhs. But if I give answer in full he going to know my defence if at all he files the recovery suit. 2. Now he is asking in legal notice for just 15 lakhs of the RTGS amount ( total rtgs amount was 1 crore 35 lakhs of the sale deed valued 1.55crores ) . 1 crore rtgs was done at time of registry(7 jan) and pending 35 lakhs rtgs amount was given on 14 may( 20 lakh RTGS and 15 lakhs cash) and full and final payment affidavit taken. can he file a recovery suit for 15 lakhs cash given and then again file a recovery suit claiming I did not get 20 lakhs cash which was the cash amount mentioned in the registry.
Legal Notice shall be always be in detail. As whatever you have quoted in Notice can be taken in suit and that notice is the basis of suit in future. No additions are allowed nor any changes can be made which contradicts legal notice tendered. Dnt worry about your defense which in any case need to be explained to opposite party before suit begins.
But no need to send proofs at the stage of sending notice.
Dont overlook the Matter, otherwise it will be too late.
Better Advice can be given you only after talking to you., as there are many possibilities.
The facts given are not sufficient to give you proper legal advice.
It is Always Better if you are clear about your Location while putting the Query.
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Claim in cases of cheque bounce or relating to Section 138 of the Negotiable Instruments Act are governed exactly as per the Legal notice sent whereas while filing a Civil suit for recovery – the claim stated in the Legal Notice generally remains the same in most of the cases.
If it is written on the Affidavit that so and so amount has been delivered and duly received by both the parties then they cannot back out from the same. Because the Affidavit is on a stamp paper and signed by both the parties in Notary. Affidavit will be a good documentary proof in your defence.
One cannot file two different suits regarding the same claim amount, The court rejects it on the ground that certain amount has already been claimed by you and therefore you are not coming in front of the court with clean hands.
All in all just keep yourself documentary safe with all kinds of transactions reflected by various modes so as to keep a track record.
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