Patanjali (NA) 16 February 2010

Stamping of Documents

Please provide answer to following Questions:

1). A hundi is required to be produced during a court proceeding. The person who is under posession of the hundi says that hundi has ben lost. Can the court presume that it was dually stamped? Kindly provide related section of the Act to be considered.

2). A enters in an agreement with B on 02 July 2009 to sale his house to B. In the agreement it has been mentioned that the possesion of the house has already been given to B on 02 July 2008. Is the agreement is valid for the purpose of stamping on the grounds of earlier delivery of posesion and subsequent execution of the agreement? Please provide the related section of the Act.

Thanks,
Patanjali

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2 Replies

aruntrivedi (lawyer) 16 February 2010

for (a) nothing can be presumed - Hon'ble Court and/or our judiciary of world of judiciary is not working on assumptions and presumptions. there should be a documentary evidence under Indian Evidence Act.

(b) Intenture is valid if it is adequately stamped Agreement for Sale is executed together with possession is being considered as as good as sale of property, but, it is not complete sale till full amount of consideration is paid and Sale Deed (as defined under Transfer of Property Act) is registered with concerneld Registrar of Assurances. Agreement is valid subject to adequate payment of Stamp Duty. For relevant provisions of Act pl refer Bombay Stamp Act, 1958 20(b), 1-A, Section 53-A, Section 17: Documents of which registsration is compulsory, etc. Hope this will srve yr purpose.

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Patanjali (NA) 19 February 2010

Thank You So Much Sir For resolving my Query. It Helped me a lot.

Regards,

Patanjali