What is letter before action and when is it mandatory to send
it?
A letter before action is ordinarily called the legal
notice in India. A legal notice is a formal written communication
between the parties. The sender notifies the recipient through the
legal notice about his intention of undertaking legal proceedings
against the latter.
In India, a legal notice is considered to be the first step
involved in any legal proceeding. All legal actions are generally
initiated in India only after the legal notice has been served upon
the other side, which may be an entity or individual. The said
practice, however, is not mandatory in all cases. Such requirement
if provided in any particular Act or statute then it is mandatory,
however, if there is no specific provision then sending the legal
notice is not mandatory in such cases.