Site navigation

Under section 146 of the Indian Contract Act, 1872, co-sureties for the same debt and bound for the…

Under Section 146 of the Indian Contract Act, 1872, where two or more persons are co-sureties for the same debt or duty, either jointly or severally, and whether under the…

Choose your answer

Under section 146 of the Indian Contract Act, 1872, co-sureties for the same debt and bound for the same amount have made no agreement about contribution. How must they contribute between themselves toward the unpaid debt?

Select one answer
Answer and explanation

Correct answer A

Under Section 146 of the Indian Contract Act, 1872, where two or more persons are co-sureties for the same debt or duty, either jointly or severally, and whether under the same or different contracts, and whether with or without the knowledge of each other, the co-sureties, in the absence of any contract to the contrary, are liable, as between themselves, to pay each an equal share of the whole debt, or of that part of it which remains unpaid by the principal debtor. Therefore, co-sureties under Section 146 are liable to contribute equally.

Option feedback

Option A

Correct. Under Section 146 of the Indian Contract Act, 1872, in the absence of any contract to the contrary, co-sureties for the same debt or duty are liable, as between themselves, to pay each an equal share of the whole debt, or of that part of it which remains unpaid by the principal debtor.

Option B

Incorrect. Co-sureties do not contribute unequally under Section 146 unless they are bound in different sums under Section 147 or have contracted to the contrary.

Option C

Incorrect. The Indian Contract Act, 1872 does not apportion contribution among co-sureties according to their financial capacity.

Option D

Incorrect. Contribution among co-sureties under Section 146 is equal in the absence of a contract to the contrary, not based on any benefit derived from the principal transaction.

Practice for these exams

Related exam syllabi

Related questions in this topic