Indian Contract Act,1872

Act No : 9

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Section : Devolution of joint rights

45.Devolution of joint rights.-When a person has made a promiseto two or more persons jointly, then, unless a contrary intentionappears from the contract, the right to claim performance rests, asbetween him and them, with them during their joint lives, and, afterthe death of any of them, with the representative of such deceasedperson. Jointly with the survivor or survivors, and, after the deathof 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 dayspecified. B dies. The right to claim performance rests with B'srepresentative jointly with C during C's life, and after the death ofC with the representatives of B and C jointly.--------------------------------------------------------------------- 1 See s. 138, infra. 2 For an exception to s.45 in case of Government securities, seethe Indian Securities Act, 1920 (10 of 1920), s. 4.---------------------------------------------------------------------37. Time and place for performance

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