ICA Section 45: Devolution of joint rights
Indian Contract Act, 1872 · Chapter 4: Performance of Contracts
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45. Devolution of joint rights . 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
Official reference: India Code, Legislative Department — checked: 29 September 2026.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 37. Obligation of parties to contracts
- 38. Effect of refusal to accept offer of performance
- 39. Effect of refusal of party to perform promise wholly
- 40. Person by whom promise is to be performed
- 41. Effect of accepting performance from third person
- 42. Devolution of joint liabilities
- 43. Any one of joint promisors may be compelled to perform
- 44. Effect of release of one joint promisor
- 46. Time for performance of promise, when no application is to be made and no time is specified
- 47. Time and place for performance of promise, where time is specified and no application to be made
- 48. Application for performance on certain day to be at proper time and place
- 49. Place for performance of promise, where no application to be made and no place fixed for performance
- 50. Performance in manner or at time prescribed or sanctioned by promisee
- 51. Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
- 52. Order of performance of reciprocal promises
- 53. Liability of party preventing event on which the contract is to take effect
- 54. Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises
- 55. Effect of failure to perform at fixed time, in contract in which time is essential
- 56. Agreement to do impossible act. An agreement to do an act impossible in itself is void. Contract to do act afterwards becoming impossible or unlawful
- 57. Reciprocal promise to do things legal and also other things illegal
- 58. Alternative promise, one branch being illegal
- 59. Application of payment where debt to be discharged is indicated
- 60. Application of payment where debt to be discharged is not indicated
- 61. Application of payment where neither party appropriates
- 62. Effect of novation, rescission, and alteration of contract
- 63. Promisee may dispense with or remit performance of promise
- 64. Consequences of rescission of voidable contract
- 65. Obligation of person who has received advantage under void agreement, or contract that becomes void
- 66. Mode of communicating or revoking rescission of voidable contract
- 67. Effect of neglect of promisee to afford promisor reasonable facilities for performance