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What is Effect of payment on account of debt or of interest on legacy? What is Effect of acknowledgment or payment by another person? Section 19 and 20 of Limitation Act 1963

Effect of payment on account of debt or of interest on legacy and Effect of acknowledgment or payment by another person are defined under section 19 and 20 of Limitation Act 1963. Provisions under these sections are:

 

Section 19 of Limitation Act "Effect of payment on account of debt or of interest on legacy"

Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy or by his agent duly Authorized in this behalf, a fresh period of limitation shall be computed from the time when payment was made:

 

 

Provided that, save in the case of payment of interest made before the 1st day of January,1928, an acknowledgment of the payment appears in the hand-writing of, or in a writing signed by the person making the payment.
Explanation - For the purposes of this section, -
a. where mortgaged land is in the possession of the mortgagee, the receipt of the rent of produce of such land be deemed to be a payment;
b. "debt" does not include money payable under a decree or order of a court

 

Section 20 of Limitation Act " Effect of acknowledgment or payment by another person "

(1) The expression "agent duly Authorized in this behalf" in sections 18 and 19 shall in the case of a person under disability, include his lawful guardian, committee or manager or an agent duly Authorized by such guardian, committee or manager to sign the acknowledgment or make the payment.

(2) Nothing in the said sections renders one of several joint contractors, partners, executors or mortgagees chargeable by reason only of a written acknowledgment signed by, or of a payment made by, or by the agent of, any other or others of them.

(3) For the purposes of the said sections, -

a. an acknowledgment signed or a payment made in respect of any liability by, or by the duly Authorized agent of, any limited owner of property who is governed by Hindu Law, shall be a valid acknowledgment or payment, as the case may be, against a reversionary succeeding to such liability; and where a liability has been incurred by, or on behalf of a Hindu undivided family as such, an acknowledgment or payment made by, or by the duly Authorized agent or, the manager of the family for the time being shall be deemed to have been made on behalf of the whole family.

 

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