Indian Contract Act, 1872
Indian Contract Act, 1872
IV · Section 45

Devolution of joint rights.

Synced on 13 Aug 2026Text as per India Code

When a person has made a promise to two or more persons jointly,

then, unless a contrary intention appears from the contract, the right to claim performance rests, as

between him and them, with them during their joint lives, and, after the death of any of them, with the

representative of such deceased person jointly with the survivor or survivors, and, after the death of the

last survivor, with the representatives of all jointly.

Illustration

A, in consideration of 5,000 rupees, lent to him by B and C, promises B and C jointly to repay them that sum with interest

on a day specified. B dies. The right to claim performance rests with B’s representative jointly with C during C’s life, and after

the death of C with the representatives of B and C jointly.

Judgments on Section 45