Validity of stamp paper
anckoora
(Querist) 04 July 2012
This query is : Resolved
Dear Sir,
I have a stamp paper of Rs.100/- dated 25.03.2011.
Now, pl. give me following informations :
1. If I use today this stamp paper for, say, making a Deed, MOU or Power of Attorney of current date , then will it be a legally valid document ? If I notarize it today, then will it be a valid document ?
2. If I use this stamp paper today for above & putting date of making of agreement / deed/MOU 01.04.2011, then will this document legally valid ? And if I notarize it today, then will it be a legally valid document ?
3.What is the time limit of utilising a stamp paper ?
4. What is the time limit for for getting the document notarized after executing / preparing the same ?
Awaiting your valuable guidance.
regards
anckoora.
Adv.R.P.Chugh
(Expert) 04 July 2012
There is no time limit for use of stamp paper. Though you can seek a refund only within 6 months of unuse of paper.
Supreme Court decision ============ ========= Brief: According to a recent Supreme Court judgement dated 19/02/2008 in the case of Thiruvengada Pillai Vs. Navaneethammal and Anr., THE STAMP PAPERS DO NOT HAVE ANY EXPIRY PERIOD. Citation : Thiruvengada Pillai Vs. Navaneethammal and Anr. Judgment : According to a recent Supreme Court judgement dated 19/02/2008 in the case of Thiruvengada Pillai Vs. Navaneethammal and Anr., the stamp papers do not have any expiry period. Relevant extract from SC Judgement is reproduced herein below: "The Indian Stamp Act, 1899 nowhere prescribes any expiry date for use of a stamp paper. Section 54 merely provides that a person possessing a stamp paper for which he has no immediate use (which is not spoiled or rendered unfit or useless), can seek refund of the value thereof by surrendering such stamp paper to the Collector provided it was purchased within the period of six months next preceding the date on which it was so surrendered. The stipulation of the period of six months prescribed in section 54 is only for the purpose of seeking refund of the value of the unused stamp paper, and not for use of the stamp paper. Section 54 does not require the person who has purchased a stamp paper, to use it within six months.
Rajeev Kumar
(Expert) 04 July 2012
Yes the stamp paper has no expiry period and it can be used any time for specific purpose. Only for the refund of stamp paper the limitation period is specified of six month within the date of purchase.
