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Jayesh shah (Propriotor)     12 April 2010

Date of agreement should be after date of stamping

Dear All

 

Whether document excecuted before the date of stamping is valid?

 

The document execcution date is 1st Dec 2009 and date of stamping is done on 2nd december 2009. Whether this document is valid in court of law. Futher now this date can be cahmged by both the party of 2nd Dec 2009?

 

Pls advise.

 



Learning

 7 Replies

A V Vishal (Advocate)     12 April 2010

The execution date cannot be prior to the date of stamping however an agreement can be dated prior and is legal. Suppose you enter an oral agreement today i.e 11th April 2010, but later you want to reduce the same in writing to avoid future disputes then it is legally valid document, however the said agreement is executed on the date the stamping takes place or later but not prior to stamping.

ravi chander d j (Consultant)     13 April 2010

Agree with Mr. Vishal, date of agreement should be the date of stamping, even in case of oral agreements reduced into writing, the date of agreement should be date of stamping, though reference can be given to the date of commencement which can be before the date of agreement.

Vinod kashyap (Advocate & Legal advisor)     13 April 2010

its right that date of agreement should be date of stamping, but in above case there is no effect on legality of document. for example a deed executed before registrar found short stamp duty lateron they paid short stamp duty and get released the deed.   

Vinod kashyap (Advocate & Legal advisor)     13 April 2010

its right that date of agreement should be date of stamping, but in above case there is no effect on legality of document. for example a deed executed before registrar found short stamp duty lateron they paid short stamp duty and get released the deed.  its valid from first date. 

Chandrashekar (Advocate & Legal Consultant)     15 April 2010

I opine that for validating a document as an enforceable document it is necessary that the proper stamp duty is remitted - in this case - if there is no dispute amongst the parties regarding the date of execution of the document then the document is a valid document and it is deemed to be executed validly..

m.kupparaju (Advocate)     04 June 2010

As Mr.Ravichander said the date of agreement should be date of stamping, though reference can be given to the date of commencement which can be before the date of agreement and it will be valid.

nishad (Asst.Manager Legal)     05 January 2011

The date of stamping shall be on or prior to the edate of execution of the document.No stamping can be done subsequent to the execution of document on its [parties]voliation.The same shall be presented before Dt.Registrar of Stamps for proper adjudication.


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