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praveen (principal)     29 April 2009

sarfaesi act

My mother has mortagaged our house to her knees petrol bunk as a collateral guarantor in addition to their property. He has misused and diverted the amount from the petrol bunk. we have received a notice under sarfaesi act. Icame to know that under surfaesi act there is a provision for the bankers to go on to the guarantors property directly without going on to the pricipal borrower and his properties . Will any guarantor sign  for any bank  knowing these kind of provisions .It is strange that these kind of provisions are made by the law makers.



Learning

 3 Replies

A V Vishal (Advocate)     30 April 2009

Dear Praveen,

Laws are made for common good. Out of a majority of cases relating to debts, it is found that the sureties give surety without understanding the repercussions in event of non payment by the principal debtor. Ignorance of Law is not an valid excuse.

I advise you to approach a good advocate to represent the case.

Prakash Yedhula (Lawyer)     30 April 2009

The general principle of contract of gurantee is that the liability of the guarantor is co-extensive with that of the borrower. 

sanjay singh thakur (advocate)     01 May 2009

Dear Praveen

I fully agree with the View of Mr. Prakash and Mr. Vishal.


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