A breach of trust is when someone who has been entrusted with certain duty, does not fulfill it and instead causes a breach of that duty. Breach of trust in India can be civil or criminal. Criminal Breach of Trust has been covered under Section 405 and Civil breach under civil law (breach of contract, breach of executor’s duty to execute the will, etc.).
Legal notice for breach of trust is a formal intimation between two people warning the other before a legal action is initiated. You can send a legal notice for breach of trust, in case he/she has not performed the duty entrusted upon them. The role and importance of legal notice for breach of trust becomes pertinent when there has been a breach of duty. Legal notice for breach of trust can be sent to the individual who has failed to carry out the duty.
In case of breach of trust, a legal notice can be sent to the party at default to warn the other party to seek compensation/damages and in order to initiate legal proceedings against the other party in case the demands are not met with. Once breach of trust has occurred, a legal notice can be sent to the defaulting party. It can be seen like the first step to set the legal proceedings in motion. It gives out your intention to the other party and if the case is that the other party fulfills what you have asked them to (compensation), there may never arise a reason for the sender (of the legal notice) to initiate any tedious and gruesome legal proceedings.
The legal notice for breach of trust must contain the following:
The legal notice must be drafted in the letterhead of an advocate which is to be specific and proper.
It should contain addresses and contact details of the advocate.
The date on which the legal notice is issued including the name, address, and contact details of the person to whom the legal notice is issued is to be stated.
Since the legal notice for breach of trust is going from the victim’s end, therefore, the name and details of the victim should also be mentioned.
It should be made clear in the notice as to how your right has been infringed due to the act or omission by the opposite party and for that what you want from him. A specific direction must be given to the opposite party along with a time limit.
The notice must be signed (with date) by the advocate and the sender.
LEGAL NOTICE
REGD.A.D.
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 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 in spite of 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- That 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 message and by sending personal messages to your office for release and return all the goods.
I, therefore, through this Notice finally call upon you to pay to my client Rs. __________/-. along with future interest @ __ % p.a. from the date of notice till 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 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
No specific documents are required to execute or make a legal notice for breach of trust. However, while making the legal notice, one must scrutinize the identity proofs of the parties in order to verify the names and addresses of the parties. One must also have the agreement or the document containing the clauses that were through which such breach can be proved or such cause of action for such breach of trust can be shown.
No set procedure is applicable in the making of a legal notice for breach of trust. However, a legal notice must be drafted and signed by a lawyer, with all the necessary details/contents as mentioned above. Once the notice is drafted, it should be examined by the sender. It should then be sent to the other party. If no action is taken or no repayment is done within the number of days mentioned upon the notice, a recovery suit or a criminal action against the defendant can be filed in the court having jurisdiction.
Breach of trust in India can be under civil as well as criminal law. Civil breach of trust is when a person who is entrusted with some task in fiduciary capacity or with trust on him/her, does an act against that but which does not call for a criminal liability. Remedy for civil breach of trust would be damages, etc.
Criminal Breach of trust is covered under the Indian Penal Code. It is when an act is committed or omitted breaching trust with mens rea is involved. Criminal Breach of Trust gives rise to criminal prosecution and may lead to imprisonment.
While drafting legal notice, it is important to know what terminology should be used while drafting the same as a small ambiguity in the terms can also jeopardize the claim of the parties. This is why it is crucial to have a civil lawyer to assist you with the drafting of the legal notice. A good civil or criminal lawyer knows the nitty-gritty of the legal procedures and the requirements involved in drafting a notice. With the experience obtained in the field, he/she can guide you with the right advice while drafting a legal notice and can make sure that such mistakes are eliminated that cannot be resolved even through further legal procedures.
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