Skip to content

Section 131 of Indian Contract Act

LLB Varun

Revocation of continuing guarantee by surety’s death.— The death of the surety operates, in the absence of any contract to the contrary, as a revocation of a continuing guarantee, so far as regards future transactions.


Revocation of continuing guarantee by surety’s death

When a surety (person who gives a guarantee) dies, their continuing guarantee automatically ends for all future transactions, unless there is an agreement that says otherwise.

Example

A promised to guarantee his friend’s loan. After A died, the bank cannot ask his family to pay for any new loans, unless A had agreed in writing that the guarantee would continue even after his death.