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Effect of acknowledgment or part payment on persons other than the maker or recipient

Limitation Act 1959

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—(1) For the purposes of this Act, an acknowledgment of the title to any land, or mortgaged or charged property by any person in possession thereof shall bind all other persons in possession during the ensuing period of limitation.(2) A payment in respect of a debt secured by a mortgage or charge by the mortgagor or any person in possession of the mortgaged or charged land or personal property shall, so far as any right of the mortgagee or chargee to foreclose or otherwise to recover the property is concerned, bind all other persons in possession of the mortgaged property during the ensuing period of limitation.(3) Where there are 2 or more mortgagors of land or personal property and the title or right to redemption of one of the mortgagors is acknowledged as aforesaid, the acknowledgment shall be deemed to have been made to all the mortgagors.(4) An acknowledgment of any debt or other liquidated pecuniary claim shall bind the acknowledgor and his successors but not any other person.(5) An acknowledgment made after the expiration of the period of limitation prescribed for the bringing of an action to recover the debt or other claim shall not bind any successor on whom the liability devolves on the determination of a preceding estate or interest in property under a settlement taking effect before the date of the acknowledgment.(6) A payment made in respect of any debt or other liquidated pecuniary claim shall bind all persons liable in respect thereof.(7) A payment made after the expiration of the period of limitation prescribed for the bringing of an action to recover the debt or other claim shall not bind any person other than the person making the payment and his successors and shall not bind any successor on whom the liability devolves on the determination of a preceding estate or interest in property under a settlement taking effect before the date of the payment.(8) An acknowledgment by one of several personal representatives of any claim to the personal estate of a deceased person, or to any share or interest therein, or a payment by one of several personal representatives in respect of any such claim shall bind the estate of the deceased person.(9) In this section, “successor”, in relation to any mortgagee or person liable in respect of any debt or claim, means his personal representatives and any other person on whom the rights under the mortgage or, as the case may be, the liability in respect of the debt or claim devolve, whether on death or bankruptcy or the disposition of property or the determination of a limited estate or interest in settled property or otherwise.

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