Kagaznama

Notice to a Guarantor of Default

At a glance

Price
Free
Stamp duty
No stamp duty — creates/transfers/extinguishes no right; no Schedule I-A article (Punjab or Chandigarh) charges it.
Registration
Not registrable (s.17, Registration Act, 1908).
Witnesses
Not required; proof of service matters more.

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Also called

  • guarantor demand notice
  • surety default notice

When you need it

For when the borrower has defaulted and the lender formally notifies the guarantor it intends to rely on the guarantee (liability generally co-extensive with the principal debtor, s.128, unless stated otherwise). States the guarantee, default, outstanding/overdue calculation, any cap and amount demanded — without exaggerating liability or hiding credits.

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A demand under an existing guarantee, not a new obligation; a disputed variation or release under ss.133-139 shouldn't be ignored.

Whether you can fill this in here

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See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

No stamp duty — creates/transfers/extinguishes no right; no Schedule I-A article (Punjab or Chandigarh) charges it. Letterhead; keep proof of service.

Registration

Not registrable (s.17, Registration Act, 1908). A paper that also charges property is a mortgage, needing registration + 2 witnesses (s.59, TPA 1882).

Notarisation

Not required unless the lender asks.

Witnesses

Not required; proof of service matters more.

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Sample preview — placeholder answers, not your data

NOTICE TO A GUARANTOR OF DEFAULT

Notice date: 2 April 2026

To Naina Sharma, Sector 21, Panchkula.

From ABC Bank Ltd, Sector 17, Chandigarh. Borrower: Aarav Sharma, Sector 21, Panchkula. Loan: HL-2026-118; facility amount ₹90,00,000 (Rupees Ninety Lakh only). Guarantee: Guarantee dated 10 June 2024.

BORROWER DEFAULT

Type: Scheduled instalments unpaid. Details: EMIs due 1 July, 1 August and 1 September 2026 remain unpaid.. Prior/relevant borrower demand date: 1 April 2026.

AMOUNTS

Principal/outstanding stated: ₹72,00,000 (Rupees Seventy Two Lakh only). Current overdue/demand: ₹3,50,000 (Rupees Three Lakh Fifty Thousand only). Guarantee basis: Lender relies on guarantee according to its written terms and applicable law.

DEMAND / RESPONSE

Respond/pay as required under the guarantee by 3 April 2026. Response route: Write to Recovery Manager at lender address quoting loan reference..

This notice relies on the existing written guarantee and does not enlarge it. Account statements and the guarantee terms remain the basis for the amount lawfully recoverable.

LEGAL BASIS

A guarantor's liability is co-extensive with the borrower's (section 128 of the Indian Contract Act, 1872). A guarantee that covers a series of transactions is a continuing guarantee (section 129), which the guarantor may revoke as to future transactions by notice to the lender (section 130). A variance in the loan terms made without the guarantor's consent, a release of the borrower, extra time given to the borrower, or the loss of the security discharges the guarantor wholly or in part (sections 133, 134, 135, 139 and 141). On a secured home loan, section 13(11) of the SARFAESI Act, 2002 lets the lender proceed against the guarantor without first taking any of the enforcement measures against the property.

PERSONAL DATA NOTICE

This notice is given under the Digital Personal Data Protection Act, 2023.

Personal data in this document is collected only to notify the guarantor of the stated borrower default and administer the lender's existing guarantee rights, communicate about that purpose, verify expressly supplied lending, identity and property information, and retain an evidentiary transaction record.

The record will be held by Kagaznama and may be shared only with the borrower, co-borrower, guarantor, lender, authorised professional, registering or revenue authority, Central Registry/CERSAI-related service, insurer or other person directly involved in the stated credit or security transaction.

If the transaction is withdrawn, refused or cancelled, personal data will be retained for 90 days and then erased. If the transaction proceeds, the record will be retained for the loan/security term plus 12 months, except where a named statutory or regulatory record-retention period requires longer retention.

Questions about this document

Does the Notice to a Guarantor of Default need stamp paper or stamp duty in Punjab and Chandigarh?

No stamp duty — creates/transfers/extinguishes no right; no Schedule I-A article (Punjab or Chandigarh) charges it.

See the full position on stamp duty, registration and witnesses
Does the Notice to a Guarantor of Default need registration in Punjab and Chandigarh?

Not registrable (s.17, Registration Act, 1908).

See the full position on stamp duty, registration and witnesses
What does the Notice to a Guarantor of Default cost on Kagaznama?

Free.

Documents are free. Only kits are paid.

Does the Notice to a Guarantor of Default need witnesses?

Often needed with this document

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