Advocate Sarthak Shah
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4.8 |
50+ user ratings
Fort also at Vile Parle East Mumbai, Mumbai
22 years ExperienceSarthak Shah was heading legal at Tata Housing Development Company Ltd. and has held senior positions Managing Legal and Compliance in Large Corporates and Family offices in past 21 years of his career. His expertise has been on advising clients on Complex Property matters and Property litigations including Redevelopment matters, RERA Law, Family succession issues, Trusts matters, Partnership Firms disputes, Business contractual breach matters Arbitration matters, Film and Media related documentation etc.
Sarthak Shah and Associates is a registered firm with Bar council of Maharashtra and Goa, firm has been active in transactions Matters and is actively practicing Litigation matters and Family succession matters, Property transactions and documentation and Corporate Clients from their office in Fort Mumbai and also at Vile Parle (East) near the Rly station.
The Firm also provide legal assistance in all major cities across India and also in a few locations abroad ( to its domestic clients on request) and has a strong network of its legal association. The Firm provides Trade Mark and intellectual property registrations and advisory and are registered Trade Mark Agents in Mumbai ( India).
- Bombay High Court,
- City Civil Court, Mumbai,
- District and Sessions Court, Mumbai,
- National Company Law Tribunal (NCLT), Mumbai
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Popular Reviews
Questions Answered by Advocate Sarthak Shah
Q: Inquiry regarding me trading clients money
Hi Sir/MadamI am aware that the scene of dabba trading(collecting and/or managing clients money/accounts) is illegal. I was wondering there might be a way in which I will accept money from friends or clients through 1)P2P lending(not sure at what interest rate i have to accept a lending. please clarify) or through 2) accepting money by writing on stamp/bond. I wish to take profits above a certain percentage below which i wont share any profits. For ex. I will start sharing profits only if I am able to achieve more than 12% ROI on investment and sharing will be only after 12%. Also how or in what form should I accept profits in a way that I don't breaking any lawI don't know if this model will be legal or not. If not Is there any other way I can work this around.I am sweating so much because in India, laws are really stringent and unfavourable towards managing accounts. Also taxation benefits are very bad for hedge funds in India(Also I am not eligible for setting up Hedge fund)
Advocate Sarthak Shah answered
Connect me and discuss the reasons to have such a structure, I believe you need a tax consultant and compliance CA who would be able help to assist you on your endeavours. Your query is incomplete in many respects and any such business decisions taken without knowledge of law and tax would be detrimental.
Q: Bank not returning property papers despite clearing the loan
Can a bank hold the property papers for more than a year now. I have cleared all the loans and am no longer associated with the company in any capacity. Despite writing to the bank several times they are not replying. nnWhat is the law for this?
Advocate Sarthak Shah answered
Hi,You may file a consumer complaint and also prior to that file a complaint before the Ombudsman. There are several judgments now whereby Bank is liable to pay damages by way of compensation to such customers whose Property documents have been misplaced and lost. You immediately issue notice to the Head office of the bank along with a Police complaint to be done by you. You also have to get a news paper notice issued by the bank in event such documents are not traceable. Please connect with an attorney who can follow the above process appropriately. Thanks Adv Sarthak Shah
Q: Power of Attorney to Non Blood Relative
We want to sell our property in Pune, hence want to ask if we give a POA to a friend (non-blood relative), will the stamp duty (6% of property value) be doubled versus if we give a POA to a blood relative? or The stamp duty will be charged once in both cases during the sale deed. nnote: Please only WhatsApp if the medium is a phone.
Advocate Sarthak Shah answered
Well, Power can be given to anyone for that matter. What matters is what is the purpose of the Power? Power conveying any Property or rights conveyed related to a property required to be registered, if Power is given for Sale / Development / re development. The Stamp duty shall be applicable as per Maharashtra Stamp Act and will be appropriately as per conveyance. ( Max of 6% of Market value of property including cess and other taxes.) Powers given to first kin or immediate relative is exempted from stamp duty but yet have to be registered for all practical purposes, if it’s for the purposes of sale. The Power then has to be adjudicated. The nature of the power has to be checked to be under the exempted category. Upon ascertainment we will discuss it.
Q: How to transfer deseased person property
Hello, My mother passed away on 24th Sep 2022... There is 2bhk flat on her name in Dhasai, shahapur, Thane City. We are not sure whether anyone from us had been made a nominee of that property.. we tried to find out the same in the property registration papers but couldn't find. Want to transfer that property on my younger sister's name so would like to know the procedure for the same. Plz guide us in detail for the same. Would be really grateful
Advocate Sarthak Shah answered
Well, the property being lying into the Thane District, upon death of the Owner / Title Holder the successors shall either Probate a Will (if it exists), apply before the District court for Legal Heirship Certificate / Succession certificate before the Bombay High Court.
Q: Ancestor-Grndfather gifted to wife. Wife gifted to 1 girl 2nd asking
My grandfather has two daughters A and B. He gift deed his ancestor agri land to grandmonther in 1985.he died in 1997. Then grandmother gift deed that land to Daughter A in 2015/16 then she and A both died in 2021. Now A's son is the owner. Now daughter B is asking for her share in it to A's son. Does she has rights to ask for share here?
Advocate Sarthak Shah answered
Well. The rights of a coparcener In a Hindu Undivided Family in the ancestral property remains intact, even if such properties have been dealt with by a few of the legal heirs. Share and interest in the ancestral property arises by birth, which cannot be denied. It’s best that the matter is settled.
Frequently Asked Questions about Advocate Sarthak Shah
Can Advocate Sarthak Shah represent me in court?
Yes, Advocate Sarthak Shah can represent you in court. The lawyer is trained to present your case in the most effective way possible.
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When you meet with Advocate Sarthak Shah for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.
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Before your initial consultation with Advocate Sarthak Shah, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.
What should I expect during my initial consultation with Advocate Sarthak Shah?
During your initial consultation with Advocate Sarthak Shah, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
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It is important to communicate with Advocate Sarthak Shah regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.
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