Advocate Sharath Chandra Murthy

Questions Answered by Advocate Sharath Chandra Murthy (100+ answers)

Q: How much time does it typically take for the restoration of a dismissed case?

How much time does it typically take for the restoration of a dismissed civil case? Can a lawyer send a notice to the opposite party if the case is not restored in court?

Advocate Sharath Chandra Murthy answered
Its depends up on a lawyer with a request to a magistrate and they can send a notices regarding it to the parties there is no particular time for re opening a dismissed case or pending cases, all goes good with a good advocate.

Q: can someone used me as a reference for a loan India

Hi, my colleague applied for a personal loan through HDFC Bank and used me as a reference for a loan in India.

Now, he has missed payments and switched companies. The bank keeps calling me, saying he is not answering their calls. Today, a bank representative threatened that a legal case may be filed, and I might be included in it.

However, I never signed any document as a guarantor—I was simply listed as a reference name in his loan application.

I want to know:
1️⃣ Am I liable if the borrower does not repay the loan?
2️⃣ How do I remove my reference number from the loan account?
3️⃣ Can I take legal action against harassment by the bank?

I contacted my colleague, and he said he would check with the bank. However, I don’t want to be involved in this matter anymore. What should I do if the bank continues to threaten me?

Advocate Sharath Chandra Murthy answered
Your Legal Rights as a Loan Reference & How to Take Action

Dear Client,

You do not need to worry if you never signed any guarantor agreement. A loan reference is just a contact person in a loan application and does not have any legal liability.

If the bank continues harassing you, follow these steps:

1. Warn them that you will take legal action for harassment.
2. Ask for a formal notice if they claim any legal grounds.
3. If harassment persists, file a complaint with the RBI or Consumer Court.

Q: What will happen if bank send legal notice for non payment of loan ?

I have 20 laks loans busines loans i am not able to pay due to business loss .they told me u wil get legal notice but i need 1 year time i will clear all loans...what will hapend if i get legal notice for non payment of personal loan? i need to go jail?? What will i do..

Advocate Sharath Chandra Murthy answered
It has a very broad procedure, if you get a legal notice by that will not get you to prison before giving legal notice to you from the bank, they will approach an advocate and from that advocate legal notice will be issued to youthat states you have to face the court due to non repayment of take loan, for that you have to approach an another advocate for replaying to that legal notice there you will have 3 months of time to revert back saying within a year you will be clearing, if not they will file a suit on you in the court then you will receive calls to attend the court, from there it will goes to a court decision in various forms.

Q: can wife claim husband property during divorce

Can a wife claim her husband’s property after divorce in India? Does a wife have any right over the husband's self-acquired property?

Advocate Sharath Chandra Murthy answered
Yes, a wife can claim a share in her husband's property if she decides to end the marriage and seek a divorce. However, whether she gets a share or not depends on the specific circumstances of the case. The court will review the situation and make a decision accordingly.

Q: Non refund of cancellation fees by travel agency in kolkata

I did booking for Bhutan trip with travel agency located in Kolkata by paying advance of Rs 13300. I am currently residing in Hyderabad. Due to my brother in law surgery , I need to cancel the trip and informed the travel agency 32 days before my travel. As per company policy they should deduct Rs 500/ person and return remaining amount. But they mentioned they did cash booking with some hotel in bhutan and they need to deduct Rs 4800/- for same. Which is against their policy. When I protested they stopped responding and didn't refund any amount. Travel agency is not having any office in Hyderabad.Can I file case in Hyderabad Consumer District Forum? or I need to file it at Kolkata Cosumer District Forum?

Advocate Sharath Chandra Murthy answered
You can file a case from both the places, there is no such restrictions in it, if you can do it from your places as per total documentation then the court will send summons to them and before you need to consult an advocate and send them a legal notice regarding money return policy then go ahead with other things.