Law4u - Made in India

Can a guarantor be held liable in a recovery case?

12-Feb-2025
Recovery

Answer By law4u team

Yes, under Indian law, a guarantor can be held liable in a recovery case if the principal debtor (the person whose debt is being guaranteed) fails to repay the loan or meet their obligations. The liability of a guarantor is governed by the Indian Contract Act, 1872, specifically under Section 126 and related provisions. Here are the key aspects: Nature of Guarantor's Liability: A guarantor is someone who agrees to pay the debt of the principal debtor if the debtor defaults. This liability is usually secondary, meaning the creditor can first try to recover the debt from the principal debtor. However, the guarantor's liability is not contingent on the principal debtor's ability to pay and can arise even if the principal debtor has the ability to pay but chooses not to. When Can the Guarantor Be Held Liable: If the principal debtor defaults on the repayment, the creditor can approach the guarantor to recover the outstanding debt. The guarantor may be required to pay the full debt amount, including interest, late fees, and other charges, depending on the terms of the guarantee. In cases where the creditor has taken legal action against the principal debtor and it has not resulted in recovery, the creditor can then pursue the guarantor for payment. Extent of Liability: The liability of the guarantor may be limited or unlimited based on the guarantee agreement. If it is an unlimited guarantee, the guarantor is liable for the entire debt, including any interest or additional charges. If it is a limited guarantee, the guarantor is liable only up to the specified amount. Types of Guarantees: Personal Guarantee: The guarantor’s personal assets are at risk in case of default by the principal debtor. Corporate Guarantee: A company may act as a guarantor for the debts of another company or individual. Steps for Recovery: If the principal debtor defaults and the creditor seeks to recover the debt from the guarantor, the creditor can file a recovery suit in a civil court. The creditor can seek a decree from the court, which, if granted, will allow them to recover the debt from the guarantor’s assets. Defenses Available to the Guarantor: Discharge of Liability: A guarantor may be discharged from liability if there is any change in the terms of the contract between the creditor and the principal debtor without the guarantor's consent. Fraud or Misrepresentation: If the guarantor can prove that the guarantee was obtained by fraud or misrepresentation, they may not be liable. Release of the Principal Debtor: If the principal debtor is released from liability, the guarantor may also be released, unless otherwise specified in the guarantee agreement. In summary, a guarantor can be held liable for the debt if the principal debtor defaults, and the creditor can legally recover the amount from the guarantor's assets, subject to the terms of the guarantee and any defenses the guarantor may have.

Recovery Verified Advocates

Get expert legal advice instantly.

Advocate Dilip Fojmal Jain

Advocate Dilip Fojmal Jain

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, RERA, Succession Certificate, Tax, Revenue

Get Advice
Advocate Nunu Gaurav

Advocate Nunu Gaurav

Anticipatory Bail, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Lalit Kumar

Advocate Lalit Kumar

Criminal, Divorce, Family, Anticipatory Bail, Civil, R.T.I, NCLT, Recovery

Get Advice
Advocate D Vijay

Advocate D Vijay

Anticipatory Bail, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Anil Kumar Pandey

Advocate Anil Kumar Pandey

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Supreme Court, Tax, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Raziya

Advocate Raziya

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Ashok Kumar

Advocate Ashok Kumar

Banking & Finance,Arbitration,Cheque Bounce,Criminal,Recovery,

Get Advice
Advocate Pushpendra Mishra

Advocate Pushpendra Mishra

Cheque Bounce, Anticipatory Bail, Criminal, Family, Divorce, Child Custody, Consumer Court, Civil, R.T.I, Motor Accident, Cyber Crime, High Court, Documentation, Recovery, GST, RERA, Succession Certificate, Domestic Violence, Supreme Court

Get Advice
Advocate Azharuddin Khandakar

Advocate Azharuddin Khandakar

Tax, Trademark & Copyright, High Court, Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, GST, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Recovery, RERA, Supreme Court

Get Advice
Advocate Vinayak Upadhyay

Advocate Vinayak Upadhyay

Anticipatory Bail, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue, Supreme Court

Get Advice

Recovery Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.