Section 486: Recovery of amount not available from property in common

1) If any person carries on a transaction with another person and the deed of such transaction does not bear the signature of the person acting as the head of the family, the creditor shall not be entitled to recovery of amount from such property until the debtor’s right in the property in common is established.

2) Notwithstanding anything contained in sub-section (1), if the person acting as the head of the family repays such amount, the creditor may recover the same.

3) If any person is not able to recover the amount from the debtor on the occurrence of the circumstance referred to in sub-section (1), the creditor shall institute a lawsuit against the debtor and maintain his or her right within a period of ten years.

4) In the event of the maintenance of the right with the debtor pursuant to sub-section (3), the creditor may recover his or her amount from the debtor in accordance with law after his or her right in the property in common has been established.

5) The statute of limitation for making a lawsuit shall, for the recovery of the amount pursuant to sub-section (4), commence from the date of establishment of the debtor’s right.