When someone who has been trusted with a responsibility does not carry it out and instead causes a breach of that duty, that person has violated the trust that was placed in them. Indian law distinguishes between civil and criminal trust breaches. Criminal Trust violation is covered by Section 405 and Civil Trust Breach is covered by civil law (e.g., contract violation, executor’s obligation to carry out the will breach).
A formal notification between two parties warning the other before legal action is taken is known as a legal notice for breach of trust. In the event that they have not carried out the obligation assigned to them, you may send a legal notice for breach of trust. When a duty has been broken, the function and significance of legal notice for breach of trust become relevant. The person who has broken the trust may be served with legal notice for violation of that trust.
What is a Legal Notice?
A legal notice is an official written communication between the parties. Through a legal notice, the sender notifies the recipient of his intention to sue them. A legal notification also helps the receiver learn about the sender’s grievances.
It acts as a final warning to the recipient that failure to comply with a requirement could result in legal action.
Importance of Filing a Legal Notice
For the disagreement to be addressed in some circumstances, you might need to send legal notices. It has a number of essential elements that help with problem solving. A legal notice may be issued as a cautionary measure outlining the sender’s intention to sue the recipient in order to resolve a dispute. In order to avoid having to circumvent the court, it could compel the opposing side to respond fast.
The opportunity to settle the dispute out of court may also be provided via a legal notice to the addressee. With the assistance of legal counsel, a person may detail their complaint in the Legal notice. The importance of the legal notification may also be deduced from the likelihood that it will serve as a reminder to the recipient of the conduct that may have, unintentionally or intentionally, caused the sender to experience difficulties.
Breach of Contract
The Indian Contract Act of 1872[1] states that a contract can only be regarded if it can be enforced lawfully, or, in other words, if it satisfies the legal requirements. A contract, as defined by law, is a collection of mutually enforceable agreements made by both parties. It may be made orally or in writing. The parties who have mutually agreed to trade with one another are therefore subject to the legal responsibilities imposed by a contract.
Legal Considerations for Legal Notice for Breach of Trust
In India, there are both civil and criminal laws that apply to trust breaches. A civil breach of trust occurs when someone who has been trusted with a task in a fiduciary role or with trust placed in them violates that trust but does not face criminal repercussions. Damages and other remedies could be used in a civil trust violation.
The Indian Penal Code prohibits trust breaches that are criminal in nature. Mens rea is implicated when a breach of trust is committed or neglected. Criminal Trust Breach gives rise to criminal charges and may result in incarceration.
Why is Legal Notice for Breach of Trust required?
If there has been a breach of trust, one party may send the other party a legal notice warning them to seek damages or compensation and threatening to file a lawsuit if their demands are not met. Once a breach of trust has taken place, the offending party may be served with legal notice. It could be thought of as the beginning of the legal process. It communicates your intentions to the other party, and if they comply with your request for recompense, there may never be a need for the sender of the legal notice to begin laborious or nasty legal actions.
What should a Legal Notice for Breach of Trust cover?
The following information must be included in the legal notice for breach of trust:
- The legal notice needs to be properly and specifically written on the advocate’s letterhead.
- The date on which the legal notice is issued, along with the name, address, and contact information of the person to whom the legal notice is issued, is to be stated.
- It should include the addresses and contact information of the advocate.
- The victim’s name and other pertinent information should also be included because the legal notice of breach of trust is being sent from the victim’s end.
- It should be made clear in the notice how the opposing party’s act or omission violated your rights and what remedy you are seeking from him as a result. The opposing party must be given a clear directive and a deadline.
- Both the advocate and the sender must sign and date the notice.
Documents Required for Legal Notice for Breach of Trust
A legal notice of a breach of trust can be made or executed without any special paperwork. When drafting the legal notice, one must carefully review the parties’ identity documents to confirm the parties’ identities and addresses. One must also have the agreement or contract containing the in question terms in order to establish a cause of action for a breach of trust and prove it.
Procedure for Legal Notice for Breach of Trust
There is no set procedure for the creation of legal notice for breach of trust. However, a legal notification must be in writing, be signed by an attorney, and include all the details specified above. After being written, the notice should be carefully read by the sender. Then it should go to the other party. If no action is taken or no restitution is paid within the number of days mentioned on the notification, a recovery lawsuit or criminal complaint against the defendant may be filed in the proper court.
How to draft a Legal Notice for Breach of Trust?
Knowing the proper vocabulary to use when creating a legal notice is crucial because even a slight misunderstanding in the terms can jeopardize the parties’ claim. This is why it is essential to have a civil attorney help you with the legal notice’s preparation. A competent civil or criminal attorney is well-versed in the specifics of the legal processes and regulations related to notice drafting. Having worked in the industry for some time, he or she may provide you with sound assistance when creating a legal notice and ensure that errors are not made that cannot be corrected by subsequent legal action.
Format for Legal Notice for Breach of Trust
SUB.: LEGAL NOTICE
To,
_____________
Dear Sir/Madam,
Pursuant to the instructions from and on behalf of my client ___________________, through its _____________, I do hereby serve you with the following Legal Notice: –
1- That my client is a ___________ firm/individual under the name and style of M/s ______________________.
2- That my client is engaged in the business of __________ of the ___ etc.
3- That my client had by way of the contract dated _______ entrusted my client’s goods/products in your warehouse which were to be returned to my client on payment of a stipulated sum of money.
4- That you have wrongfully sold more than half of my client’s products/goods that you were entrusted to keep safely in your warehouse and this is where the cause of action arises.
5- That despite acknowledging the payment of Rs. _________/- by my client, you have miserably failed to return all of the goods/products given to you for safekeeping in your warehouse.
6- Thus you are liable to return all the goods and pay the total amount of Rs. ________/- to my above-named client and my above-named client.
7- That my client requested you several times through telephonic messages and by sending personal messages to your office for the release and return of all the goods.
I, therefore, through this Notice finally call upon you to pay my client Rs. __________/-. along with future interest @ __ % p.a. from the date of notice till the actual realization of the said amount, together with notice fee of Rs. ____/- to my client either in cash or by demand draft or Cheque whichever mode suits you better, within clear 30 days from the date of receipt of this notice, failing which my client has given me clear instructions to file civil as well as a criminal lawsuit for breach of trust and specific performance and other Miscellaneous proceedings against you in the competent court of law and in that event you shall be fully responsible for the same.
A copy of this Notice has been preserved in my office for record and future course of action.
(____________)
ADVOCATE
Conclusion
On various occasions, a person or an entity may need to bring legal action against another person or another entity. A consumer complaint, a property dispute, a bounced cheque, a divorce, an eviction, and many more situations could be among the numerous scenarios. However, it is essential that you inform the other party that you intend to sue them. To accomplish this, you provide a legal notice notification to a person or business. What is a legal notice?
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