Limitation Act, 1963
16. Effect of death on or before the accrual of the right
to sue –
(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 preemption or to suit for the possession of
immovable property or of a hereditary office.