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    Question

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

    person who would have had the right to institute a suit dies before the right accrues, when does the limitation period begin?┬а
    A From the date of death of that person Correct Answer Incorrect Answer
    B From the date of probate being granted Correct Answer Incorrect Answer
    C From the time when there is a legal representative of the deceased capable of instituting such suit Correct Answer Incorrect Answer
    D From the date when the cause of action first arose Correct Answer Incorrect Answer
    E Limitation never begins in such cases, and suits can be filed at any time Correct Answer Incorrect Answer

    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.

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