Under Section 16(1) of the Limitation Act, 1963, if a

Solution

Section 16(1) provides: "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." The phrase "capable of instituting such suit" means not being under legal disability to sue. Critically, if the right accrued during the deceased's lifetime, limitation begins from the accrual date, not from when the legal representative is available. This section protects successors and legal representatives but does not indefinitely extend limitation rights.