Ananya Universal Bembey's Law Firm / B & B Advocates & Associates

23/03/2026

For new advocates Guide on how to draft a legally effective demand notice under Section 138 of the Negotiable Instruments Act

A legally effective demand notice under Section 138 of the Negotiable Instruments Act should include the following key elements, drafted clearly and formally:Sample Format for Demand Notice under Section 138 NI ActTo,
[Name and address of the drawer]
Date:
[Insert date]
Subject: Legal Notice under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of cheque
Sir/Madam,
Under instructions and authority from my client [Name of client], having office at [Address], I hereby serve upon you this formal demand notice under Section 138 of the Negotiable Instruments Act, 1881.
You had issued cheque no. [Cheque number] dated [Date], drawn on [Bank name and branch], for Rs. [Amount in figures and words], to discharge your financial liability to my client.
The said cheque was presented for payment, but was returned unpaid by your bank with the endorsement “[reason for dishonour, e.g., Insufficient Funds]” vide cheque return memo dated [Date].
Despite repeated reminders (including personal visits and telephonic calls), you have failed to make the payment to my client.
You are hereby called upon to make the payment of Rs. [Amount] within 15 days from the receipt of this notice, failing which my client shall be constrained to initiate criminal proceedings against you as provided under Section 138 of the Negotiable Instruments Act, 1881, for which you will be liable for the legal consequences.
This notice is without prejudice to all other rights and remedies available to my client.
Kindly take notice.
Yours faithfully,
[Name and signature of the issuing advocate]
[Contact details and address]
Important Points for Effectiveness

The notice must be sent within 30 days from the date of receiving the cheque return memo.
Clearly mention the cheque details, exact dishonour reason, and the legal provisions (Section 138 NI Act).
Demand payment within 15 days from notice receipt.
Keep proof of sending and delivery (Registered Post Acknowledgement Due or Speed Post).
Avoid ambiguous language; be firm, clear, and professional.
Include a mention that failure to pay will lead to legal action.
This format and approach satisfy statutory requirements and courts consider such a notice legally valid and essential for proceeding with a cheque bounce complaint.

This completes the guide on how to draft a legally effective demand notice under Section 138 of the Negotiable Instruments Act.

23/03/2026

Here’s a clear, practical guide on WILL (Testament) making tailored for new lawyers and general public—simple, legally correct, and useful in real-life drafting.

WILL MAKING – COMPLETE BASIC GUIDE
1. What is a Will?
A Will is a legal declaration by a person (called the testator) stating how his/her property will be distributed after death.
Governed in India mainly by:
Indian Succession Act, 1925

2. Who can make a Will?
Any person:
Above 18 years
Of sound mind
Free from coercion, fraud, undue influence
Even a sick person can make a Will if mentally fit.

3. Essential Elements of a Valid Will
(A) Declaration
Testator must clearly state:
“This is my last Will…”
(B) Details of Testator
Name
Father’s name
Address
Age
(C) Sound Mind Statement
Mention:
“I am in sound disposing mind…”
(D) Details of Legal Heirs
Wife / Husband
Children
Other dependents
(E) Property Details
Movable (cash, gold, bank)
Immovable (land, house)
(F) Distribution Clause
Who gets what share
(G) Executor Appointment
Person who will implement the Will
(H) Signature
Testator signs
(I) Attestation (VERY IMPORTANT)
Minimum 2 witnesses
Witnesses should:
See testator sign
Sign in presence of testator
4. Registration of Will
Not compulsory but recommended
Register under:
Registration Act, 1908
Advantages:
Reduces disputes
Strong legal proof
5. Types of Wills
Simple Will
Privileged Will (for soldiers, etc.)
Joint Will
Conditional Will
Living Will (medical decisions)
6. Common Mistakes (Important for Lawyers)
1 No witness signatures
2 Property not clearly described
3 Ambiguous language
4 Not updating after marriage/divorce
5 Executor not appointed
6 Suspicious circumstances (undue influence)
7. Important Supreme Court Principles
Courts often examine:
Free will of testator
Suspicious circumstances
Proper attestation
Key case:
H. Venkatachala Iyengar vs B.N. Thimmajamma
* Burden to prove Will is on the propounder
8. Basic Format of a Will (Simple Draft)
Writing
LAST WILL AND TESTAMENT
I, [Name], S/o [Father’s Name], aged about [Age], resident of [Address], being of sound mind and good health, do hereby declare this as my last Will.
That I am the absolute owner of the following properties: (Give full details)
That I have the following legal heirs: (List names)
I hereby bequeath my property as follows: (Distribution clearly)
I appoint [Name] as Executor of this Will.
I revoke all previous Wills.
IN WITNESS WHEREOF, I have signed this Will on this ___ day of ___.
(Signature of Testator)
Witnesses:
Name & Address
Name & Address
9. Practical Tips for New Lawyers
Always verify ownership documents
Use clear and simple language
Avoid future litigation triggers
Prefer video recording for high-value Wills
Keep original safe (client + executor)
10. For General Public (Simple Advice)
Make Will early (not only old age)
Update after major life events
Inform trusted person
ction clauses
From: Ashish Kumar Bembey
Advocate
chamber number 50A
new courts Jalandhar
mobile 9888898492
note: This post is for education purpose.
For more details follow my page
Ananya Universal Bembey's Law Firm / B & B Advocates & Associates.

02/02/2026

01/02/2026