LIMITATION ACT 2005 - SECT 78
LIMITATION ACT 2005 - SECT 78
78 . Provisions in case of land held on trust
(1) If land is held
upon trust including a trust for sale and —
(a) the
limitation period for an action by the trustee to recover the land has
expired; or
(b) a
court extends the time in which the trustee can commence an action to recover
the land and the trustee does not commence an action to recover the land
before the expiry of the extended period,
the estate of the
trustee is not extinguished so long as the right of action to recover the land
of any person entitled to a beneficial interest in the land or in the proceeds
of sale either has not accrued or has not been barred by this Act; but if
every such right of action has been so barred the estate of the trustee is
extinguished.
(2) If land is held
upon trust including a trust for sale, an action to recover the land may be
brought by the trustee on behalf of any person entitled to a beneficial
interest in possession in the land or in the proceeds of sale whose right of
action has not been barred by this Act even though the right of action of the
trustee would apart from this provision have been barred by this Act.