section 17
Effect of death before right to sue accrues
The Limitation Act, 1995Civil199537 sections5 chapters
Part III Part III
Statutory text
Effect of death before right to sue accrues.—(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, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting or making such suit or 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, 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 or make such suit or application.
- (3) Nothing in sub-sections
- (1) and
- (2) applies to suits to enforce rights of prior purchase or to suits for the possession of immovable property or of an hereditary office.
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