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.1
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.
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.
Source footnotes
1. For an exception to s. 45 in case of Government securities, see the Public Debt Act, 1944 (18 of 1944). s. 8.आगे पढ़ें / Continue reading
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More sections of this act
Section 1 · Short title.Section 2 · Interpretation-clause.Section 3 · Communication, acceptance and revocation of proposals.Section 4 · Communication when complete.Section 5 · Revocation of proposals and acceptances.Section 6 · Revocation how made.Section 7 · Acceptance must be absolute.Section 8 · Acceptance by performing conditions, or receiving consideration.India Code, Government of India. Text fetched 09 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.