Section 45 Indian Contract Act 1872 - Devolution of Joint Rights
Section 45 of the Indian Contract Act, 1872 explains who is entitled to claim performance when a promise has been made jointly to two or more persons. It also states how that right passes after the death of one or more joint promisees.
What does "devolution of joint rights" mean?
In this context, "devolution" means the passing or transmission of the right to demand performance. Where a promisor makes one promise to two or more persons jointly, the joint promisees ordinarily exercise the right to claim performance together. Section 45 then identifies the persons in whom that right rests when a joint promisee dies.
The rule is subject to an important qualification: the contract itself may disclose a contrary intention. If it does, the contractual intention governs to that extent.
Section 45 - Devolution of joint rights
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 the promisor and the joint promisees, with all of them during their joint lives.
After the death of one of them, the right rests with the legal representative of the deceased jointly with the survivor or survivors. After the death of the last survivor, it rests with the representatives of all the joint promisees jointly.
The statutory wording should be checked against the current official text before use in pleadings or formal legal work. See the official India Code resource in the sidebar.
How Section 45 operates
1. During the joint lives of the promisees
The right to claim performance belongs to the persons to whom the promise was made jointly. The provision therefore treats the right as a joint right rather than separate individual rights, unless the contract indicates otherwise.
2. After one joint promisee dies
The deceased promisee's legal representative does not take the right alone. The representative joins the surviving promisee or promisees in claiming performance.
3. After the last surviving promisee dies
The right to claim performance rests jointly with the legal representatives of all the original joint promisees.
4. Contractual intention remains relevant
The opening qualification in Section 45 - "unless a contrary intention appears from the contract" - means the terms and structure of the particular agreement must be examined before applying the default statutory rule.
Statutory illustration explained
A lends money to B and C jointly and receives their joint promise concerning repayment. If one of the joint promisees dies, the right to demand performance is thereafter exercised by that deceased person's representative together with the surviving joint promisee. After the survivor also dies, the representatives of both exercise the right jointly.
The illustration demonstrates the continuity of a joint contractual right: death changes the persons who exercise the right, but the statutory scheme preserves its joint character.
Relationship with Sections 42 to 44
Sections 42 to 44 principally address joint promisors and joint liabilities. Section 45 addresses the other side of the relationship - joint promisees and the devolution of their joint right to claim performance. Reading these provisions together helps distinguish the rules governing persons who jointly owe performance from those governing persons jointly entitled to receive it.
Legal note: Section 45 remains part of the Indian Contract Act, 1872. The official India Code text lists Section 45 as "Devolution of joint rights." This page is a general legal information resource and should not be treated as a substitute for advice on the terms of a particular contract.