Effect of death on or before the accrual of the right to sue
Part III: Computation of period of limitation
(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.
The Limitation Act, 1963 (Act No. 36 of 1963). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.
Related sections
- 13Exclusion of time in cases where leave to sue or appeal as a pauper is applied for
- 14Exclusion of time of proceeding bona fide in court without jurisdiction
- 15Exclusion of time in certain other cases
- 17Effect of fraud or mistake
- 18Effect of acknowledgment in writing
- 19Effect of payment on account of debt or of interest on legacy