Advocate Sarthak Shah

Questions Answered by Advocate Sarthak Shah

Q: Wrong legal notice from lawyer by name as client

My daughter in law has sent wrong legal notice to my son on property deal by my name as client. I have sold my own property and she is claiming on that property. What should I do.

Advocate Sarthak Shah answered
Hello Maam,The said legal notice needs to be seen in light of the factual position of the title and that her claim is what basis or any dispute which may be ongoing. You may show it to an attorney and thereafter after considering all facts and circumstances one can decide a way forward. Hope this helps and you may connect with us too on Google as Sarthak Shah & Associates or on shahsarthak7’s at gmail com. Happy to assist your query in person . One has to have the knowledge of facts before the next steps are taken and unless a suit is filed the claim on the notice will not hold any meaning, but an adequate reply would be necessary for any future claims or partition suit of such nature.

Q: Property transferred without consent of legal heirs

My father died and the self acquired property of my father was gifted by my mother to her grandson. I am not sure if there is a will or not. It has been 5 years since my father died but till date no copy will is shared with me. When I asked her she says it is not there. She says it was your father's wish to give the property to the grandson. I presume the property may have been transferred to my mother by way of nomination. But does that give her the right to gift to her grandson

Advocate Sarthak Shah answered
Hi,I have read your query and appears that you are in distress. We need to discuss and review the facts correctly before we advise on the same. You may at the first stage approach the society in case of of being there and thereafter record your objection thereto. Thereafter get a search report done through an advocate to verify the details of the current title and get the certified copies of the last title on record and also get the a paper publication done thereafter knowing the anomalies if any. Upon knowing the factual position thereafter a legal opinion is required to be taken basis the facts and existing circumstances. There are multiple ways you may address it but an inspection of documents would be very crucial in deciding the way forward. Hope this helps you… Thanks Adv. Sarthak Shah

Q: Commercial arbitration petition at bombay high court

I need an advocate to handle my case at bombay high court. I need guidance as to how to proceed with the commercial arbitration petition filed by FPL technologies against me. I would like to know the advocate charges as well per hearing.

Advocate Sarthak Shah answered
Hi,Our firm manages these type of matters and you may discuss it with us. Find us on Sarthak Shah & Associates and have our offices at Fort and Suburbs near Domestic Airport at Vile Parle East and also you may connect us on shahsarthak7 at gmail com. You may call us tomorrow at 10 am or so and we can discuss your issue at length. Sarthak Shah & Associates

Q: Can a Legal heir release or surrender his right in property?

The husband dies intestate, and the widow does not want any claim to the property. She wants to give the land to her mother-in-law.Can a new owner then seek a succession certificate?

Advocate Sarthak Shah answered
In event a Widow does not wish to claim the interest in the share of her deceased husband, but wishes to give her share to the Mother of the deceased, it can be given as an by way of seeking succession in the name of Mother wherein wife’s consent is required along with her children. The further process of handover of property can also be done by way of release deed / gift as per possible circumstances.

Q: Expiry of Challan for stamp duty and registration

SirI had paid and received Stamp duty and registration challan for my property on 28 March 2021. On 17 Aug 2021, I have been informed by builder that I have to register the property within 1 month else I will have to pay penalty of INR 50,000/- per month delay in registration. Is it true? Sales agreement /deed is not yet signed for the property with the builder

Advocate Sarthak Shah answered
Once the stamp duty is paid the document needs to be signed and registered within 6 months of such stamping/ challan date. In case the document gets signed within 6 months, you will automatically get extension of 4 months for registration as per law. On refund process may be exercised as you get to know that the stamping paid is to be cancelled along with the document / transaction to be cancelled. The process takes about 3 months and refund is promptly done by department within 60-90 days max. Ensure all original receipts put up for cancellation are with you and a crossed cheque is submitted to ensure the money comes into your pan linked account.