Section16 Effect of death on or before the accrual of the right to sue || Limitation Act | Go legal
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- เผยแพร่เมื่อ 9 ก.ย. 2024
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Section16 Effect of death on or before the accrual of the right to sue || Limitation Act | Go legal
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 pre-emption or to suits for the possession of immovable property or of a hereditary office.
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Thanks
Very nice teaching method
Mam you have wrongly interpreted clause 2, here defendant capability is not mentioned as given in clause 1 regarding plaintiff.
true
Mai bhi wahi soch raha hu..
I wish god fulfill all ur dreams n u get success in ur life ,my heartiest wishes to u geetanjali mem
Too Good Geetanjali!!! Try and make videos on Easement Act also
Sub section 2 does not require that LR of the deceased defandent should be capable...the only requirement is that there must be LR of the deceased defandent
Sec 16 is always read with sec 6, and geetanjali has rightly pointed about the disability of LR and whenever LRs come into play as per sec 16 with the condition that they might be insane, minor or idiot, then sec 6 automatically becomes operative henceforth mere presence of LRs is not enough to run PP but they must not be legally disabled
@@vedanshiyadav8666 s.6 only talks abt legal disability to file a suit /application for execution. if the defendnat is minor then o32 cpc will be applicable. defense will be conducted by guardian appointed by court. period of limitation of plaintiff will not be excluded in such case
You are right.
@@vedanshiyadav8666 are you serious clear it one more time because you are wrong
Great
Hello mam Good information
Clear explanation best way
Well explained
Excellent lec madam
Madam app ko sec 27 of limition par video upload karni cahiye we are wating for your video
section 16 talks about person i.e individual , human being NOT portion = area of house or flat etc.
ढिले अँपलीकेशन कंडोन जजमेट कीतने दिन मेआती
Excellent teaching method. Thanks.
Y it's clause..it's sub sections..
Herdatitary office Matlab????
Unfortunately, nobody explained this term in their videos। Why difficult terms are avoided by these videos makers
Section 16 mei disability ya idiocy to kahi h hi nhi.... 🙄
mam, she has explained the sections in relation to each other. you can find cases on this where sec 6 is sought with sec 16.
Aacha kr rahi ap gitanjali ji
Thanks