Get Rid of 10 Legal Misconceptions in Financial Matters


2. There is no deadline to file a case

The court is not waiting to hear your case alone. One could not go and file a case at any time of the year and expect it to be accepted by the court. Under the Limitation Act, 1963, a case has to be filed within a time frame of three months to three years, depending on the nature of the case. There are few exceptions to this law, such as if the person wanting to file a complaint has not completed 18 years of age or is mentally challenged. In case of the minor, the time limit will start from the time he completes 18 years. And for the differently-able person, there should be someone to represent him.  Once the time lapses, the case is considered to be time-barred.

3. To Gift an inherited property

Inherited or ancestral property belongs to the entire family and not to an individual. A person cannot gift an ancestral property unless he is the sole survivor of the family. Tax benefits could be claimed if the property falls under Hindu Undivided Family (HUF), which means that the property is jointly owned by the family.  There is a recent ruling by Bombay High Court that dictates that an individual do not possess the right to gift inherited property without the entire family’s consent unless he is the sole surviving member of the HUF.

4. Power of Attorney and Letter of Authority serves the same purpose

While Letter of Authority can be useful for carrying out daily tasks like collecting or submitting document on one’s behalf, it is not an authenticated document. On the other hand, Power of Attorney is used for bigger and riskier transactions like sell of property or any other asset. The manner in which the task has to be carried out is mentioned in power of Attorney. But in case of letter of authority, the manner may or may not be specified. Hence they are not the same.

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