Jurisprudence, Interpretation and General Laws · Law relating to Limitation

Legal Disability under Sections 6-8 of the Limitation Act, 1963

Updated 11 October 2026 · Fact-checked

Legal disability under Section 6 of the Limitation Act, 1963 protects a minor, insane person or idiot. If the person is under disability when time starts to run, they get the same period after the disability ends. To solve a problem, find when time starts, check disability then, and add the full period from cessation.

Understand Legal Disability (Sections 6-8)

Limitation bars a suit filed after the prescribed period. This can be harsh on a person who cannot protect their own rights. The Act therefore gives extra time to people under a legal disability.

Section 6 names three disabilities: minority, insanity and idiocy. Minor includes a child in the womb. The key test is timing. The person must be under disability at the time from which the prescribed period is to be reckoned, that is, when time would start to run under the third column of the Schedule. If so, they may sue within the same period after the disability ceases. For a minor, disability ends on attaining majority.

The section also covers special cases. If the person has two disabilities at the start, or another disability sets in before the first ends, time runs only after both have ceased. If the disability continues till death, the legal representative gets the same period after the death. If that representative is also under disability on the date of death, sub-sections (1) and (2) apply to them. If the person dies after the disability ceases but within the period allowed to them, the legal representative gets the same period after the death.

Section 7 deals with joint rights. Where one of several persons jointly entitled to sue is under disability, ask whether a discharge can be given without that person's concurrence. If yes, time runs against all. If no, time does not run against any of them until one of them can give such a discharge without the others, or until the disability ceases. This applies to every kind of liability, including liability for immovable property. For a Mitakshara HUF, the Manager is deemed capable of giving a discharge without the others only if he is in management of the joint family property.

Section 9 is the limit on all this. Once time has begun to run, no later disability stops it. A person who becomes insane after time has started gets no benefit. The only proviso is where letters of administration of a creditor's estate are granted to his debtor: time is suspended while the administration continues.

Key rules to remember

Section 6(1): basic rule: Disability at start of period → suit within same period after disability ceases; Applies to a minor, insane person or idiot, for suits and execution applications. Disability must exist when time is to be reckoned.
Section 6(2): two or successive disabilities: Period runs after both disabilities have ceased; Applies where two disabilities exist at the start, or another sets in before the first ceases.
Section 6(3): disability till death: Period runs from the death, for the legal representative; The legal representative gets the same period after the death.
Section 6(4) and (5): representative's position: (4) Representative under disability at date of death → sub-sections (1) and (2) apply. (5) Death after disability ceases but within the allowed period → same period after the death; Sub-section (5) gives the representative the period that would have been available to the deceased.
Section 7: joint right-holders: Discharge possible without the disabled person → time runs against all. Not possible → time does not run against any until a discharge can be given or disability ceases; Applies to discharge from any liability, including immovable property.
Section 9: continuous running: Once time runs, no later disability stops it; Only exception: letters of administration of a creditor's estate granted to his debtor suspend time during administration.

How to solve Legal Disability (Sections 6-8) questions

Use this order for any problem on legal disability. Write the section number next to each step.

1Identify the suit or application and the date from which time starts under the Schedule.
2Check who is entitled to sue and whether they were a minor, insane or idiot on that date. Remember a child in the womb counts as a minor.
3If there was no disability on that date, apply Section 9: later disability does not stop time. Say so and conclude.
4If there was disability, state Section 6(1): the same period runs from when the disability ceased. Fix that date, such as the 18th birthday for a minor.
5Check for two disabilities, a successive disability, death during disability, or a representative under disability. Apply Section 6(2) to (5).
6If several persons are jointly entitled, apply Section 7: ask whether a discharge can be given without the disabled person.
7Compute the last date and compare it with the filing date. Conclude whether the suit is within time.

Quickest way: Three-question check

When to use it: Use it when you have a short time for a fact-based problem.

Question 1: Was the person disabled on the day time started? No means Section 9 applies and there is no extension.
Question 2: Yes. Then the period restarts from the end of the disability, or from the death if the disability lasted till death, for the legal representative.
Question 3: Are there joint holders? Ask whether a valid discharge can be given without the disabled person, and apply Section 7.

Common mistakes in Legal Disability (Sections 6-8)

Giving extra time for a disability that began after time started running.
Students assume any disability helps the person.
Fix: Check the disability on the date time starts. Cite Section 9: later disability does not stop time.
Adding the period to the date of birth instead of the date majority is attained.
Students rush and forget that the period runs after the disability ceases.
Fix: Find the date the minor becomes a major, then add the full period prescribed in the Schedule.
Applying Section 6 to every kind of claim.
Students forget the section covers suits and applications for execution of a decree.
Fix: Name the suit or execution application first, then apply the section.
Saying time never runs against joint holders if one is a minor.
Students remember only half of Section 7.
Fix: State both limbs: if a discharge can be given without the disabled person, time runs against all. If not, it does not run until one can give a discharge or the disability ceases.
Forgetting the legal representative's rights when the disabled person dies.
Sub-sections (3) to (5) are long and are skipped.
Fix: Remember: death during disability gives the representative the same period after death. Death after disability ceases but within the allowed period also gives the representative that period after death.
Treating the Manager of a Mitakshara HUF as always able to give a discharge.
Students ignore Explanation II.
Fix: Write that the Manager is deemed capable only if he is in management of the joint family property.

Worked examples

Example 1

Ravi, aged 10, is entitled to sue for a debt on which the period of limitation is three years from the date the debt became due. The debt fell due on 1 March 2020, when Ravi's date of birth was 1 March 2014 (he was 6). Ravi turns 18 on 1 March 2032. By what date can he sue?

Show the solution

Provision: Section 6(1) of the Limitation Act, 1963 gives a minor the same period after disability ceases as would otherwise have been allowed.
Facts: Ravi was a minor on 1 March 2020, the date from which time is reckoned, so the benefit applies.
Disability ceases on attaining majority at 18, which is 1 March 2032.
Prescribed period is three years, so the period is counted from 1 March 2032 and runs to 1 March 2035, subject to the usual exclusion of the first day under Section 12(1).

Answer: Ravi may sue within three years after attaining majority on 1 March 2032, so up to about 1 March 2035 (the day from which the period is reckoned being excluded under Section 12(1)).

Example 2

Anil and Sunil are joint creditors of Mohan. Sunil is of unsound mind when time starts to run. Anil can give a valid discharge to Mohan without Sunil's concurrence. After three years the suit period expires. Can Sunil claim extra time under Section 6?

Show the solution

Issue: Section 7 deals with joint right-holders where one is under disability.
Rule: If a discharge can be given without the concurrence of the disabled person, time runs against all of them.
Facts: Anil can give a valid discharge without Sunil, so the condition is satisfied.
Conclusion: Time runs against Anil and Sunil alike, so Sunil gets no benefit from his disability while the period runs.

Answer: No. Under Section 7, because a discharge can be given without Sunil's concurrence, time runs against both creditors, and the suit is barred once the prescribed period ends.

Exam tips

Always begin by fixing the date from which time is reckoned, because Section 6 depends on disability on that date.
Quote the key words: minor, insane, idiot, and the Explanation that a minor includes a child in the womb.
Use Section 9 in answers where the disability arises later. Examiners often combine Sections 6 and 9.
For joint-holder questions, state both limbs of Section 7 and test the discharge condition.
Close each answer with a clear conclusion that states the last date to sue and whether the suit is barred.

Practice questions from Law relating to Limitation

Legal Disability (Sections 6-8): frequently asked questions

What is legal disability under Section 6 of the Limitation Act?

It is the condition of being a minor, insane or an idiot when time starts to run. Such a person may sue within the same period after the disability ceases. The extra time applies to suits and applications for execution of a decree.

How much time does a minor get to file a suit after attaining majority?

The minor gets the same period that the Schedule prescribes for that suit, counted from the date of attaining majority. For example, a three-year period runs for three years after he turns 18.

What if the disability starts after time has begun to run?

Section 9 says that once time has begun to run, no later disability or inability stops it. Such a person gets no extension under Section 6.

What does Section 7 say about several persons jointly entitled to sue?

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

Can a legal representative claim the benefit of the deceased's disability?

Yes. If the disability lasted till the person's death, the legal representative gets the same period after the death under Section 6(3). If the representative is under disability at the death, Section 6(1) and (2) apply to them.