Next due
7 OCTTDS / TCS deposit · Deducted in Sep 2026in 5 days 11 OCTGSTR-1 · Outward supplies · Sep 2026in 9 days 15 OCTPF & ESI · Contributions · Sep 2026in 13 days 20 OCTGSTR-3B · Summary return · Sep 2026in 18 days 30 OCTAOC-4 · Financial statements · FY 2025-26in 28 days 31 OCTITR filing · Audit cases · AY 2026-27in 29 days 29 NOVMGT-7 / 7A · Annual return · FY 2025-26in 58 days 15 DECAdvance Tax · 3rd (75%) instalment · FY 2026-27in 74 days
All due dates
Legal Live

Sections 7–9 of the Limitation Act, 1963: Disability of One of Several Persons, the Three-Year Cap and Continuous Running of Time

If one of several joint holders of a right is under a disability, time runs against all of them if a discharge can be given without that person's concurrence; if it cannot, time...

Published
Updated
Reading time
8 min
Views
0
Questions
6 answered
  • Expert Reviewed
  • Medium Complexity
  • In-Depth Guide
Topic
Legal
Published
October 2, 2026
Last updated
Oct 2, 2026
Reading time
8 min
0:00
Last updated: October 2026Verified against: Government sources

These three short sections complete the Act's treatment of disability. Section 7 deals with one of several joint holders being under a disability, section 8 sets exceptions and a three-year ceiling, and section 9 says that once time has begun to run, a later disability or inability does not stop it.

This article follows the consolidated text of the Act consulted (latest amendment shown: Act 46 of 1999). Later amendments should be checked before you rely on it.

Section 7: one of several persons under disability

Section 7 reads: where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any "such disability" (the disabilities in section 6), two cases arise.

CaseWhat happens
A discharge can be given without the concurrence of the person under disabilityTime runs against them all
No such discharge can be givenTime does not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others, or until the disability has ceased

The test is practical: can the others give a valid discharge for the debt or liability without the person under disability? If yes, the disability of that one person does not protect the group. If no, the whole group is protected until the position changes.

Explanation I

Explanation I says the section applies to a discharge from every kind of liability, including a liability in respect of any immovable property. So it is not confined to money debts.

Explanation II: manager of a Hindu undivided family

Explanation II says that, for the purposes of the section, the Manager of a Hindu undivided family governed by the Mitakshara law is deemed capable of giving a discharge without the concurrence of the other members of the family only if he is in management of the joint family property.

An invented example: three brothers jointly hold a right to recover a sum, and one of them is a minor. If the two adult brothers can give a valid discharge for the sum without the minor's concurrence, time runs against all three. If the sum cannot be discharged without the minor's concurrence, time does not run against any of them until one of them can give the discharge alone or the minor's disability ends. The text does not list which joint rights fall into which case, so the facts of the right and the rules on who may discharge it decide this.

For the underlying disability rules see our article on section 6. If a joint claim involves a person under disability, a legal consultation before the dates run out is worth having.

Section 8: special exceptions

Section 8 reads: "Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-emption, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period of limitation for any suit or application."

It does two things:

  1. Pre-emption suits are excluded. Sections 6 and 7 do not apply to suits to enforce rights of pre-emption.
  2. A three-year ceiling. Sections 6 and 7 cannot extend the period of limitation for any suit or application by more than three years from the cessation of the disability or the death of the person affected.

A date illustration: say a disability ceases on 1 July 2025. Even if the ordinary working of section 6 would give a longer window, section 8 means the extension through sections 6 or 7 does not go beyond three years from 1 July 2025, that is, to 1 July 2028 (counted with section 12(1) excluding the first day). The text does not give the ceiling in any other form, and it does not turn a shorter ordinary period into three years; it limits how far sections 6 and 7 may push the period.

Section 9: continuous running of time

Section 9 reads: "Where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it".

This is the counterpart of section 6. Section 6 looks at disability at the starting time. Section 9 says that if the time has already started, a disability or inability arising afterwards does not stop it. The wording is wide: "disability or inability". It is not limited to the disabilities in section 6.

The proviso: letters of administration granted to the debtor

The proviso says that where letters of administration to the estate of a creditor have been granted to his debtor, the running of the period of limitation for a suit to recover the debt shall be suspended while the administration continues.

Example with invented names: Joshi Brothers is owed Rs 4,00,000 by Sandeep. The creditor, an individual, dies and letters of administration of his estate are granted to Sandeep, who is the debtor. Under the proviso, the running of time for a suit to recover that debt is suspended while the administration continues. The text does not describe when administration ends, so the facts of the grant decide that.

Note the proviso suspends time for a suit to recover the debt in that situation; it does not widen into a general rule that any impossibility to sue pauses time.

How the three sections fit

SectionQuestion it answersAnswer in one line
7One of several holders is under disability: does time run?It runs against all if a discharge can be given without that person; otherwise it does not run against any
8Do sections 6 and 7 always help?Not for pre-emption suits; and no extension beyond three years from the end of the disability or death
9Can a later disability stop time that has started?No, apart from the proviso on letters of administration granted to the debtor

Other provisions can change the count, such as exclusions in sections 12 and 13 and the effect of death in section 16. Section 29(2) lets a special or local law fix its own period, so never apply a Schedule period to a tax, insolvency, company, arbitration, consumer, MSME or cheque dishonour proceeding; check that law and whether it excludes sections 4 to 24.

For general guidance on suits in civil courts, see suits, parties and cause of action under the CPC.

Need help with a joint or family claim?

Joint claims, family property and estates raise questions of who can give a discharge and when time began. Our team can walk you through the dates in a legal consultation and tell you which section of the Act is likely to matter.

Key takeaways

  • Section 7: if a discharge can be given without the person under disability, time runs against all the joint holders.
  • If no such discharge can be given, time does not run against any until one can give it or the disability ceases.
  • Section 7 applies to every kind of liability, including liability in respect of immovable property.
  • Section 8 excludes pre-emption suits and caps any extension through sections 6 and 7 at three years from the end of the disability or the death.
  • Section 9: once time has begun to run, a later disability or inability does not stop it.
  • The proviso to section 9 suspends time for a debt suit while administration of the creditor's estate is with the debtor.
  • A special or local law may fix a different period (section 29(2)).

Read next

Disclaimer: Based on a consolidated text of the Limitation Act, 1963 and its Schedule whose latest amendment shown is Act 46 of 1999, as consulted on 2 October 2026. A special or local law may fix a different period; later amendments and the current procedural law should be checked. This article is general information, not legal advice; check the official text before acting.

Quick recapKey facts & short answers

Key Facts About Sections 7

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

What does section 7 say when one joint holder is a minor?

If a discharge can be given without that person's concurrence, time runs against all of them. If it cannot, time does not run against any of them until one can give it or the disability ceases.

Does section 7 cover immovable property?

Explanation I says the section applies to a discharge from every kind of liability, including a liability in respect of any immovable property.

If a term matters, put it in the document; if it is not in the document, do not rely on it.

— TaxClue Legal Desk

Sections 7: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

Related Services & Guides

Was this article helpful?
VS
About the author
10,823 articles
Vikas Sharma Verified expert Tax & Compliance Expert

Experienced in company registration, GST, trademark, and compliance. Helping Indian businesses stay compliant.

Last reviewed: Live

Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

If a discharge can be given without that person's concurrence, time runs against all of them. If it cannot, time does not run against any of them until one can give it or the disability ceases.

Explanation I says the section applies to a discharge from every kind of liability, including a liability in respect of any immovable property.

Sections 6 and 7 cannot be deemed to extend the period of limitation for any suit or application for more than three years from the cessation of the disability or the death of the person affected.

No. Section 8 says nothing in section 6 or 7 applies to suits to enforce rights of pre-emption.

Section 9 says no: once time has begun to run, no subsequent disability or inability to sue stops it.

Where letters of administration to a creditor's estate are granted to his debtor, the running of the period for a suit to recover the debt is suspended while the administration continues.