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Chapter VIII - Of Indemnity and Guarantee

Section 131

Section 131: Death of a continuing surety

Death normally ends a continuing surety’s coverage for future transactions, unless the contract provides otherwise.

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Need advice on Section 131?

This article is for general information. Refer to the Indian Contract Act, 1872 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

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.

Rule and business relevance

This is a default rule expressly subject to a contrary contract. It concerns future transactions and must be distinguished from liabilities arising from transactions already covered.

Limits and related provisions

Do not treat death as automatically cancelling all earlier exposure or as creating unlimited personal liability for heirs. Read the guarantee and applicable estate rules.

Hypothetical business example

Hypothetical example: A surety dies before a fresh credit supply. The creditor checks the continuation clause and transaction date before asserting coverage for that supply.

Practical decision flow

Establish the death date and relevant transaction dates.

Check whether the guarantee contains a contrary continuation provision.

Separate existing liabilities from future transactions and obtain estate-specific guidance where needed.

Check the applicable legal framework

This guide explains the central provision. Applicable State amendments, the agreement, transaction date and other governing laws can affect its application. Check the current legal framework before relying on it for a commercial decision.

Practical checklist

Do

  • Establish the death date and relevant transaction dates.
  • Check whether the guarantee contains a contrary continuation provision.
  • Separate existing liabilities from future transactions and obtain estate-specific guidance where needed.

Avoid

  • Do not treat death as automatically cancelling all earlier exposure or as creating unlimited personal liability for heirs. Read the guarantee and applicable estate rules.

Glossary

Contrary contract
Terms displacing the statutory default where legally effective.
Future transaction
A subsequent transaction whose coverage must be assessed after death.

Frequently asked questions

Is revocation on death unconditional?

No. The section applies in the absence of a contract to the contrary.

Are earlier liabilities automatically extinguished?

No. The rule is expressly concerned with future transactions.

Are heirs automatically personally liable without limit?

This section does not establish that proposition; estate and other applicable rules require separate review.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026