Indian Contract Act Section 42 — Devolution of joint liabilities
CHAPTER IV OF THE PERFORMANCE OF CONTRACTS — By whom contracts must be performed
Commercial / Corporate
Summary
When two or more people make a joint promise, all of them must fulfil it together during their lifetimes. This applies unless the contract itself shows a different intention.
If one of the joint promisors dies, that person's legal representative must fulfil the promise together with the surviving promisors.
After the last surviving promisor dies, the representatives of all the original promisors must jointly fulfil the promise.
Official Text
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.
Related Judgments
- DHANASINGH PRABHU vs CHANDRASEKAR & ANOTHER — Supreme Court of India (2025)
- Ms. Vaishali Satish Ganorkar & Anr. vs Mr. Satish Keshaorao Ganorkar & Ors — Bombay High Court (Mumbai Principal Seat) (2012)
- JAHAR ROY (DEAD THROUGH L.RS) AND ANR. vs PREMJI BHIMJI MANSATA AND ANR — Supreme Court of India (1977)
