Indian Contract Act — Section 45
Devolution of joint rights.—When a person has made a promise to two or more persons jointly,
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.2
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.
Time and place for performance
Follow cited cases · Browse courts and years · Research topics
Judgments citing Section 45
- (An application under Article 226 and 227 of the Constitution of India) v. State of Odisha
- R.C Estate Private Limited & Ors. v. Sashi Devi Agarwal
- RAJAS DILIP KOLHEVE v. RAJESH SHANTILAL LALWANI AND OTHERS
- SAU SAVITA MAHESH WANJARI AND OTHERS v. RAJESH SHANTILAL LALWANI AND OTHERS
- DILIP ANANDA KOLHE AND ANOTHER v. RAJESH SHANTILAL LALWANI & Ors.
- PATEL CHELABHAI BHAGVANBHAI DECED.THR'HEIRS v. MAFATLAL MULCHANDBHAI PATEL
- Anil Kumar v. State Bank of Patiala & Ors.
- Om Parkash v. L.N.MITTAL, J (ORAL)
- M/s Kishan T Asrani & anr v. Rent Tribunal, Jaipur City & anr
- Smt. Parvatibai Shivajrao Shendge v. The Sangali Sahakari Bank Ltd.
- SHRI AWADHESHWARI PRASAD NARAIN SINGH v. M/S PRITI GARMENTS
- SHRI AWADHESHWARI PRASAD NARAIN SINGH v. M/S PRITI GARMENTS, A PARTNERSHIP FIRM, HAVING BUSINESS
- Prahlad Singh v. The President District Consumer Disputes
- ANOKHE LAL v. RADHAMOHAN BANSAL AND OTHERS.
- BRIJ KISHORE SHARMA AND ANR. v. MIS RAM SINGH AND SONS AND ORS.
- (Through Hybrid mode) v. LIC of India, Mumbai & Ors.
- Judgment · High Court
- SASAN POWER LIMITED v. NORTH AMERICAN COAL CORPORATION INDIA PRIVATE
- G. JA YASHREE & Ors. v. BHAGWANDAS S. PATEL & Ors.
- _ ' ., THE BOARD OF TRUSTEES OF THE PORT OF BOMBAY & Ors. v. MIS SRIY ANESH KNITTERS JULY 30
Text reproduced from the public statutes on which the corpus is built. Verify against the official Gazette before relying on it. This is statute reference, not legal advice.