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Chapter IV - Of the Performance of Contracts

Section 42

Section 42: Joint liabilities after a promisor dies

Section 42 explains who fulfils a joint promise during the promisors' lives and after deaths among them. Its default sequence is subject to a contrary intention appearing from the contract.

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Need advice on Section 42?

This article is for general information. Refer to the Indian Contract Act, 1872 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

When two or more persons have made a joint promise, then, unless a contrary intention appears by the contract, all such persons, during their joint lives, and, after the death of any of them, his representative jointly with the survivor or survivors, and, after the death of the last survivor, the representatives of all jointly, must fulfil the promise.

Rule and business relevance

The joint promisors fulfil the promise during their joint lives. After one dies, that person's representative acts jointly with the survivors; after the last survivor dies, the representatives of all act jointly. Section 43 separately concerns compelling performance and contribution.

Limits and related provisions

This is not a statement that every heir incurs unlimited personal liability for the deceased's obligation. Representative capacity, estate administration and other governing law require assessment. Check whether the promise is actually joint and whether the contract expresses a different intention.

Hypothetical business example

Hypothetical: two persons jointly promise repayment and one dies before performance. The creditor identifies the surviving promisor and the deceased's proper representative instead of treating every relative as personally liable.

Practical decision flow

Confirm the joint promise and any contrary contractual intention.

Identify surviving promisors and legally relevant representatives after each death.

Assess performance, estate responsibility and contribution under the applicable provisions.

Check the applicable legal framework

This guide explains the central provision. Applicable State amendments, the agreement, transaction date and other governing laws can affect its application. Check the current legal framework before relying on it for a commercial decision.

Practical checklist

Do

  • Confirm the joint promise and any contrary contractual intention.
  • Identify surviving promisors and legally relevant representatives after each death.
  • Assess performance, estate responsibility and contribution under the applicable provisions.

Avoid

  • This is not a statement that every heir incurs unlimited personal liability for the deceased's obligation. Representative capacity, estate administration and other governing law require assessment. Check whether the promise is actually joint and whether the contract expresses a different intention.

Glossary

Joint promise
A promise made jointly by two or more persons.
Representative
The legally relevant representative of a deceased promisor, acting in that capacity.

Frequently asked questions

Does the contract's intention matter?

Yes. The default rule applies unless a contrary intention appears by the contract.

What happens after the last promisor dies?

The provision places fulfilment with the representatives of all jointly, subject to its terms.

Is this the whole rule on contribution between promisors?

No. Section 43 addresses contribution and the promisee's enforcement choice.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026