Daily Email Newsletter (Sign-up Free)

Sec 16, Limitation Act 1963: Effect of death on/ before accrual of right to sue

Section 16 (Effect of death on or before the accrual of the right to sue) under the Part III (Computation of Period of Limitation) of the Limitation Act 1963

❝(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.❞




..............................................................

Notes:

The Limitation Act, 1963 was amended by the:
- the Repealing and Amending Act, 1964 (Act No. 52 of 1964);
- the Limitation (Amendment) Act, 1969 (Act No. 10 of 1969);
- the Repealing and Amending Act, 1974 (Act No. 56 of 1974);
- the Code of Civil Procedure (Amendment) Act, 1976 (Act No. 104 of 1976);
- the Code of Civil Procedure (Amendment) Act, 1999 (Act No. 46 of 1999).

No comments:

Post a Comment

In comment with "Name/Url" option, only Name is mandatory to be filled.