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Section 45, Contract Act 1872: Devolution Of Joint Rights

Section 45 under the Chapter IV (Of the performance of contracts, Contracts which must be performed) of the Contract Act, 1872 of India - 'Devolution of joint rights', is reproduced hereunder:—

“When a person has made a promise to two or more persons jointly, then, unless 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 one 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.


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.”

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