LawRato

someone sending the legal notice i have not accepted what will happpen if legal notice not accepted


14-Jun-2024 (In Civil Law)
some body sending the legal notice i have not accepted what happens when someone refuse to receive lawyer notice ?
Answers (6)

If a person refuses to accept a lawyer's legal notice sent by registered/speed post, courts generally treat that refusal as deemed service: Section 27 of the General Clauses Act, 1897 presumes service where a document is properly addressed, prepaid and posted by registered post [https://indiankanoon.org/doc/1428703/], and Illustration (f) of Section 114 of the Indian Evidence Act, 1872 supports a presumption that the ordinary course of business was followed [https://indiankanoon.org/doc/731516/]. The Supreme Court has held that a registered letter returned with the postal endorsement 'refused-gives rise to a rebuttable presumption of service (see Gujarat Electricity Board v. Atmaram Sungomal Poshani [https://indiankanoon.org/doc/1661941/]; Harcharan Singh v. Shivrani [https://indiankanoon.org/doc/1821913/]) and repeated this principle in Jagdish Singh v. Natthu Singh [https://www.courtkutchehry.com/judgements/675350/jagdish-singh-vs-natthu-singh/]. The presumption is rebuttable by proof that the address was wrong or the postal authorities did not tender the notice, but mere refusal without such proof will normally not defeat the legal effect of the notice.

Answer #1
377 votes
If a legal notice is not accepted, it does not invalidate the notice or halt further legal proceedings. In Indian law, refusal to accept a legal notice can be treated as a deliberate act of avoidance, and courts may still consider the notice as duly served. The sender can retain proof of attempted delivery such as a postal endorsement stating "refused" or "unclaimed" which strengthens their position in court. Ignoring or refusing a legal notice may also be viewed as a sign of negligence or tacit admission, and could weaken the recipient's defense during litigation. Consequently, the sender is free to initiate or continue with legal action, and in some cases, courts may pass an ex-parte judgment (in the absence of the recipient) if the person fails to appear or respond.
Helpful? LawRato LawRato
Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
Chat with Advocate Chikirsha Mohanty Chat 
Answer #2
841 votes
You need to accept any communication addressed to you. If it is a legal notice sent especially by an advocate it will have its own meaning. If a legal notice is rejected by you, in legal terms it means you have received it. Damages could be done with this presumption. Therefore, rejecting a legal notice is not a wise step. Receive it and reply it appropriately.
Helpful? LawRato11+ LawRato
Raghavendra Rao B.K.

Raghavendra Rao B.K.

LawRato Bangalore / Bengaluru | 25+ Answers
Chat with Raghavendra Rao B.K. Chat 
Answer #3
555 votes
Please accept it and take assistance of a lawyer. Not accepting it would amount to "refusal" and if the person sending it takes it to Court, it is likely that an Order may be passed against you. I recommend receiving it and then deciding how to reply to it with the assistance of a lawyer.
Helpful? LawRato LawRato
Answer #4
623 votes
If a legal notice is sent and if you refuse to accept the same there will be an endorsement to that effect on the postal cover which would deem to be served upon you. Incase of door lock, addressee left, it cannot be deemed to have been served.
Helpful? LawRato LawRato
Answer #5
919 votes
I always recommend my clients to take all notices served on them personally, if they are in and around at time of service. Per Law : refusal to accept notice is good service. that means you can expect next step /stage of litigation. contact your lawyer immediately, sign Vakil patra and ask him to be observer, if needed he/she may file Vakilpatra at appropriate situation.
Helpful? LawRato LawRato
Advocate Shilpa Sharad

Adv. Shilpa Sharad

LawRatoBangalore / Bengaluru | 25+ Answers
Chat with Advocate Shilpa Sharad Chat 
Answer #6
860 votes
It depends on the Endorsement the Postman has made on the postal cover. If he has endorsed as 'Refused' or 'not claimed' the service of notice will be deemed sufficient and further action as contemplated under law will follow
Helpful? LawRato LawRato
Advocate Mohamed Mukhtar

Adv. Mohamed Mukhtar

LawRatoBangalore / Bengaluru | 25+ Answers
Chat with Advocate Mohamed Mukhtar Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Civil lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato