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Doubt in Indian Contract Act
having a doubt in section 42 Indian contract act 1872...
Answers (6)
Joint promisors: (Section 42) When two or more persons have made a joint promise, then unless a contrary intention appears by the contract, all such persons must jointly fulfil the promise. If any of them dies, his legal representatives must, jointly with the surviving promisors, fulfil the promise. If all of them die, the legal representatives of all of them must fulfil the promise jointly.
My doubt is when all the joint promisors die the legal representatives only liable to extend of promisor's assets or the legal representavtives should pay from their personal assets if the amount to repay is more than the promisor's assets.?
Thread Starter
Anonymous CAIs the legal representative should definitely pay from his pockets if the promisor liability is more than the promisor's asset?
After death, only the estate (assets) of the promisor can be used. Personal assets of legal representatives cannot be used.
Suraj Lakhotia Admin
After death, only the estate (assets) of the promisor can be used. Personal assets of legal representatives cannot be used.
In case of all the joint promisors are dead also sir?
Thread Starter
Anonymous CAIn case of all the joint promisors are dead also sir?
There representatives of all must fulfil the promise
