Lim 16 — Effect of death on or before the accrual of the right to sue

Limitation Act, 1963

Statutory text

(1) Where a person who would, if
he  were  living,  have  a right  to  institute  a  suit  or  make  an  application  dies  before  the  right  accrues,  or
where a right to institute a suit or make an application accrues only on the death of a person, the period of
limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting such suit or making such application.
(2) Where a person against whom, if he were living, a right to institute a suit or make an application
would  have  accrued  dies  before  the  right  accrues,  or  where a  right  to  institute  a  suit  or  make  an
application  against  any  person  accrues  on  the  death  of  such  person,  the  period  of  limitation  shall  be
computed  from  the  time  when  there  is  a  legal representative  of the  deceased  against  whom  the  plaintiff may institute such suit or make such application.
(3) Nothing in sub-section (1) or sub-section (2) applies to suits to enforce rights of pre-emption or to suits for the possession of immovable property or of a hereditary office.

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