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Section 16: Effect of death on or before the accrual of the right to sue.

The Limitation Act, 1963Central Act · Act 36 of 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.

Where this provision sits

ActThe Limitation Act, 1963
Section16
Marginal noteEffect of death on or before the accrual of the right to sue.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it31

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