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prashant (counsultant)     06 August 2009

i want to know about my rights as a guranator

TO,

Lawyers club

 

 

I want guideline, I am guarantor in two computer loan account in bank of Baroda, one is of rs 50,000, and other is of 60,000, both are my relatives, one is paying regularly and one account is NPA since last two years,

Now I came to know that both sold their mortgage laptops, and the person who’s account NPA is migrating to UK, I already inform bank about his migration and sold bank mortgage computers but bank did not take any action, I want to know what are my rights as a guarantor or how could I force bank to verify computers and recover money or any other way to clear my liability as a guarantor, I am afraid as I am closing my overdraft facility and because of these accounts bank might not release my property papers.

 

Please guide me        



Learning

 3 Replies

Y V Vishweshwar Rao (Advocate )     06 August 2009

Your Guarantee will be as per the Terms of Your Guarantee deed .

In Genral ,  the liability of  Guanrantor will be co-extnessive with that  of the Borrowerand not with standign the enforceemnt of other secuirties- like Hypothecated Computers /latops etc .

 

A V Vishal (Advocate)     06 August 2009

As suggested by Y V V Rao, the liability is co-extensive, however the rights accrue to you under the following sections of the Indian Contract Act:

140. Rights of surety on payment or performance.- Where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has taken place, the surety, upon payment or performance of all that he is liable for, is invested with all the rights which the creditor had against the principal debtor.

   

141. Surety's right to benefit of creditor's securities. – A surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of surety ship is entered into, whether the surety knows of the existence of such security or not; and, if the creditor loses, or, without the consent of the surety, parts with such security, the surety is discharged to the extent of the value of the security.

A.K.D Sayare (Advocate)     08 August 2009

you have informed the bank about sale of mortgage property, if you have proof of the same, then same can be filed, when bank will take legal action. your plea should be that bank has lost its security despite notice given by you, therefore you will stand discharge upto that amount.

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