Joint liability under Contract for loan given to 2 person together

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    • #2035
      Anonymous
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      I gave a long of 2 lakh rupees to two persons A and B. After one year, A has died. I asked B, but he is not willing to repay the amount. Can I file a case against B for the return of the full amount or only the amount due from him?

    • #2042

      The issue raised by you is covered in Sections 42 and 43 of the Contract Act, 1872, which are reproduced below:

      42. Devolution of joint liabilities.—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 representatives jointly with the survivor or survivors, and, after the death of the last survivor, the representatives of all jointly, must fulfil the promise.”

      43. Any one of joint promisors may be compelled to perform.—When two or more persons make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any one or more of such joint promisors to perform the whole of the promise.

      Each promisor may compel contribution.—Each of two or more joint promisors may compel every other joint promisor to contribute equally with himself to the performance of the promise, unless a contrary intention appears from the contract.

      Sharing of loss by default in contribution.—If any one of two or more joint promisors makes default in such contribution, the remaining joint promisors must bear the loss arising from such default in equal shares.

      Explanation.—Nothing in this section shall prevent a surety from recovering, from his principal, payments made by the surety on behalf of the principal, or entitle the principal to recover anything from the surety on account of payments made by the principal.”

      Above provisions show that you can sue B for the whole amount of loan given by you jointly to A and B. In the worst scenario, you should be able to recover the proportionate share of the loan from B.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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