Transfer of Property Act, 1882 · Chapter VIII: Of Transfers of Actionable Claims
Section 133: Warranty of solvency of debtor
In plain words
If the transferor of a debt guarantees that the debtor is solvent, the guarantee covers only solvency at the time of transfer, and, if the transfer was for consideration, is limited to that amount, unless agreed otherwise.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
Where the transferor of a debt warrants the solvency of the debtor, the warranty, in the absence of a contract to the contrary, applies only to his solvency at the time of the transfer, and is limited, where the transfer is made for consideration, to the amount or value of such consideration.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 133
No Supreme Court judgment in our database cites this section yet.