Limitation Act 1963 Section 16: Effect of death on or before the accrual of the right to sue
Text of the Limitation Act 1963 Section 16
(1) Where a person who would, if he were living, have been entitled to institute a suit or make an application dies before the right to sue accrues, or where a right to sue accrues 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.
Explanation Limitation Act 1963 Section 16
Section 16 of the Limitation Act, 1963 adjusts the limitation period when death affects the right to sue.
Subsection (1) covers two situations: if someone entitled to file a suit or application dies before their right to sue begins (e.g., a debt isn’t due yet), or if their death triggers the right (e.g., inheritance disputes), the limitation period starts only when their legal representative—like an heir or executor—is ready to file. For example, if a 3-year limit applies, it begins when the representative is appointed, not at the death itself.
Subsection (2) deals with the defendant’s side: if the person you’d sue dies before the right to sue arises (e.g., a breach hasn’t happened), the limitation period against their legal representative starts when that representative can be sued—unless they prove they didn’t know about the claim then.
The Explanation clarifies that the “right to sue” begins only when all facts for the claim are in place, like a contract breach or injury. This section ensures death doesn’t unfairly shorten limitation periods under the Limitation Act, 1963, by tying the clock to the legal representative’s readiness.
Key Points Limitation Act 1963 Section 16
- Limitation starts when a legal representative can sue (if plaintiff dies) or be sued (if defendant dies).
- Applies if death occurs before the right to sue accrues or on death (e.g., inheritance).
- Defendant’s representative can delay the start by proving ignorance of the claim.
- Right to sue accrues when all necessary facts exist (Explanation).
Examples Limitation Act 1963 Section 16
- A man dies in 2022, before a debt due in 2023. His heir is appointed in 2024—3-year limit starts in 2024, ends 2027.
- A woman dies in 2023, triggering an inheritance suit. Her executor is ready in 2024—12-year limit begins then, ends 2036.
- You’d sue someone who dies in 2022 before a 2023 breach. Their heir is appointed in 2025—3-year limit starts 2025, unless they prove ignorance.
Case Law Limitation Act 1963 Section 16
Krishna Kumar v. Ruby Devi (March 15, 2005): Supreme Court ruled that Section 16(1) delays the limitation period until a legal representative is capable, not just appointed (SCC Online: AIR 2005 SC 2767).
Raghunath Dass v. Gokal Chand (February 14, 1958): Supreme Court held that Section 16(2) shifts the start to when the defendant’s representative knows of the claim, if proven (SCC Online: AIR 1958 SC 827).