Chapter IV - Of the Performance of Contracts
Section 45
Section 45: Devolution of joint rights
Section 45 identifies who holds the right to claim performance where a promise is made jointly to two or more persons. It concerns joint recipients of a promise, distinct from joint persons owing performance.
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Need advice on Section 45?
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.
Statutory text
Bare law
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.
Rule and business relevance
Unless the contract shows a contrary intention, the joint promisees hold the right together during their lives. Following a death, the deceased's representative holds it jointly with survivors; following the last survivor's death, all representatives hold it jointly.
Limits and related provisions
An individual joint promisee should not assume a sole right to demand or discharge the whole claim without considering the joint-right structure and other applicable law. The section's default is expressly subject to contrary contractual intention.
Hypothetical business example
Hypothetical: a borrower promises repayment jointly to two lenders. After one lender dies, the borrower checks the surviving lender and deceased lender's proper representative instead of treating the survivor as automatically the only claimant.
Practical decision flow
Identify whether the promise was made jointly and read any contrary contractual intention.
Establish the current joint holders, including proper representatives after death.
Obtain advice on a valid demand or discharge and keep all relevant claimant records.
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
- Identify whether the promise was made jointly and read any contrary contractual intention.
- Establish the current joint holders, including proper representatives after death.
- Obtain advice on a valid demand or discharge and keep all relevant claimant records.
Avoid
- An individual joint promisee should not assume a sole right to demand or discharge the whole claim without considering the joint-right structure and other applicable law. The section's default is expressly subject to contrary contractual intention.
Glossary
- Joint promisees
- Persons to whom the same promise is made jointly.
- Devolution of rights
- The stated movement of the right to claim performance after a promisee dies.
Frequently asked questions
Does Section 45 govern people owing a joint debt?
It governs joint rights to claim performance; Section 42 concerns joint liabilities.
Does a survivor automatically take the whole claim alone?
The default includes the deceased person's representative jointly with the survivor.
Can the contract provide a different intention?
Yes. The statutory default is subject to a contrary intention appearing from the contract.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026