Practice free →
HomeCS ExecutivejurisprudenceLimitation Act 1963 › Section 27 of the Limitation Act, 1963 governs e…

Section 27 of the Limitation Act, 1963 governs extinguishment of right to property. What is the effect of Section 27 (read with Section 25's twenty-year rule)?

Answer & Solution
Correct answer: C.
1. Section 27 of the Limitation Act, 1963 is a notable exception to the general 'bar the remedy, not the right' rule (Section 3 / Bombay Dying). 2. Section 27 **extinguishes the very RIGHT to the property** after the expiry of the prescribed period. So both right and remedy are gone. 3. Therefore, **if the right to property is extinguished by prescription under Section 27, there is no subsisting right to be enforced under Article 32 of the Constitution** — the Court will refuse relief on this independent ground. 4. The ICSI text confirms: 'If the right to property is extinguished by prescription under Section 27… there is no subsisting right to be enforced under Article 32.' _Source: ICSI CS Executive — Lesson 7, 'Limitation and Writs under the Constitution', p. 159._
Solve this in the app — CS Executive practice & 24k+ MCQs →
Related questions