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arung   10 April 2015

Executing affidavit on old stamp paper

Hello,


I have 3 stamp papers of INR 100 each purchased in 2009 on my name. I now have to execute affidavits on INR 100 stamp paper for sale of my flat. Can I still use these unused stamp papers purchased in 2009? The affidavit would be dated as of today (no back dated work).


I know for refund, unused stamp papers are to be returned within 6 months but not sure about using old stamp papers.


Thanks in advance.



Learning

 1 Replies

SUBRAMANIAN C R (ADVOCATE)     28 June 2015

Pls refer to: Thiruvengada Pillai Vs. Navaneethammal & Anr. AIR 2008 SC 1541 = 2008 (3) SCR 23. Para 11 of the Judgment reads: "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. Therefore, there is no impediment for a stamp paper purchased more than six months prior to the proposed date of execution, being used for a document. "

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