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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._
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