- 15-Jan-2025
- Family Law Guides
The rights of a guarantor in India are governed by the Indian Contract Act, 1872. A guarantor is someone who agrees to be responsible for the debt or obligation of another person (the principal debtor) in case of default. Here are the key rights of a guarantor:
A guarantor has the right to be indemnified by the principal debtor for any loss incurred due to the default. This means if the guarantor pays off the debt, they can claim that amount back from the principal debtor.
If there are multiple guarantors, one guarantor who pays the debt can seek contribution from the other guarantors for their share of the payment.
The guarantor has the right to receive all relevant information regarding the principal debtor's financial condition and the status of the loan. This includes any changes that may affect the guarantee.
A guarantor can limit their liability by specifying the maximum amount they are liable for in the guarantee agreement. This ensures that they are not liable for more than what they agreed to.
A guarantor can be released from their obligations if there are material changes to the terms of the contract without their consent. For instance, if the creditor changes the terms of the loan or extends the time for repayment without notifying the guarantor, they may be released from liability.
If the loan is secured by collateral and the creditor fails to exhaust those remedies first, the guarantor may avoid payment until the creditor has pursued the collateral.
The guarantor has the right to request that the creditor take action against the principal debtor before seeking payment from the guarantor.
Understanding these rights is crucial for anyone acting as a guarantor, as it helps protect their interests and provides recourse in the event of a default by the principal debtor.
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