• Wrongful accusations in a legal notice

I received a legal notice from an advocate with false accusations from a relative of mine. The notice states that I and my parents have taken loans from banks and have fled the country. The loan was actually take by my brother. These so called relatives are doing it out of jealousy and I want to make sure that they are taught a lesson and are not able to do so again in the future. 
They have also asked us to pay the fee of their legal actions
Asked 1 year ago in Criminal Law
Religion: Hindu

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12 Answers

A reply to the legal notice should be drafted and sent by an advocate engaged by you. It should state what really has happened and you should demand compensation for legal expenses and harassment and defamation.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Wait and watch. Let them file a suit.  In case a suit is filed against you only then react and contest the same accordingly. 

Dalip Singh
Advocate, New Delhi
1092 Answers
36 Consultations

Engage a lawyer and submit reply to legal notice 

 

2) deny allegations made in legal notice 

 

3) you are not liable to pay legal fees 

Ajay Sethi
Advocate, Mumbai
96942 Answers
7822 Consultations

It is better for you to engage a competent lawyer in India and instruct him/her to reply to the notice in a proper manner denying all the false allegations and threatening the other party with appropriate legal action. 

Swaminathan Neelakantan
Advocate, Coimbatore
2914 Answers
20 Consultations

As per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,

- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.

- Further, you have a legal right to live in the society peacefully and respectfully. Law of the land is bound to protect you.

- Hence, if that legal notice having wrongful accusations and which is defamatory  then you can lodge a compliant against that relative before the police and higher officials.

- Further, if no legal action , then you can file a criminal defamation case before the magistrate. 

- You can also send a legal notice for filing a civil defamation suit against him. 

Mohammed Shahzad
Advocate, Delhi
14515 Answers
221 Consultations

Counter the legal notice with facts and figures. Also state in the legal notice that you are going to file defamation case against them for spoiling the image by false accusations and claiming a big fatty compensation amount.

Shashidhar S. Sastry
Advocate, Bangalore
5412 Answers
330 Consultations

You can issue a reply notice denying the allegations leveled in the notice properly either by yourself or through an advocate. 

T Kalaiselvan
Advocate, Vellore
87143 Answers
2340 Consultations

If you haven’t taken loan then you can deny the same and not pay anything. You can reply the same 

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

Dear client,  

If the allegations made in the legal notice are false, then you have the right to defend yourself against them. You may need to engage the services of a lawyer to help you with this.

The first step would be to send a reply to the legal notice through your lawyer, denying the false allegations and stating the correct facts. You should also include any evidence that supports your case, such as bank statements or loan documents.

In case the advocate sends you any further notices, you should respond to them immediately through your lawyer. You can also file a complaint with the Bar Council of India against the advocate for sending false notices and demanding fees for the same.

Furthermore, you can file a defamation case against your relatives for making false accusations against you and your parents. This will serve as a lesson to them and deter them from making such baseless allegations in the future.

 



Anik Miu
Advocate, Bangalore
10173 Answers
120 Consultations

Issue a fitting reply with all proofs you have reserving you right to file defamation and criminal cases against your relative in he approaches any forum with false allegations. Once he approaches only than you can legally proceed against him. Issue a notice  with false allegations will be confer any rights on you to take legal action against him.

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

plz reply to that legal notice by stating the correct facts

you will have to engage a lawyer for this

no need to pay any fees of the lawyer who issued the legal notice 

Yusuf Rampurawala
Advocate, Mumbai
7679 Answers
79 Consultations

  1. Respond to the notice: Your lawyer can respond to the notice on your behalf and deny the false accusations made by your relative. You may also want to provide evidence to support your denial of the accusations.
  2. Consider legal action: If the false accusations have caused you harm or loss, you may want to consider taking legal action against your relative for defamation or malicious prosecution. Your lawyer can advise you on the merits of your case and the legal options available to you.

  3. Ignore the demand for payment: If your relative has demanded that you pay the fee for their legal actions, you should ignore this demand as it has no legal basis.

 

Regards

 

Vivek Arya (Legalvarta)

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

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