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Doubt in Indian Contract Act

having a doubt in section 42 Indian contract act 1872...


Anonymous CA

Anonymous CA

CA Foundation

4K+

04-May-20 06:15

36

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.


Anonymous CA

Anonymous CA

CA Foundation

4K+

04-May-20 06:16

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.?


Anonymous CA

Anonymous CA

CA Foundation

4K+

04-May-20 06:16

Is the legal representative should definitely pay from his pockets if the promisor liability is more than the promisor's asset?


Anonymous CA

Anonymous CA

CA Foundation

4K+

04-May-20 06:16

Is 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

Suraj Lakhotia

Admin

04-May-20 07:06

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?


Anonymous CA

Anonymous CA

CA Foundation

4K+

04-May-20 07:13

In case of all the joint promisors are dead also sir?

There representatives of all must fulfil the promise


sai t

sai t

CA Foundation

210

04-May-20 08:54