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Section 45: Devolution of joint rights.

The Indian Contract Act, 1872Central Act · Act 9 of 1872

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.

Where this provision sits

ActThe Indian Contract Act, 1872
Section45
Marginal noteDevolution of joint rights.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it3

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • other. . For an exception to s. 45 in case of Government securities, see the Public Debt Act, 1944 (18 of 1944). s. 8.

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