Stamp paper
hetalsangoi
(Querist) 07 April 2014
This query is : Resolved
I have purchased the stamp paper of Rs.100 to record the gift Transaction on 30.5.2013. Can I transfer the gift by cheque after 6 months from purchased the stamp paper.
Is after 6 months from purchase, is it valid?
hetalsangoi
(Querist) 07 April 2014
Shall can I use it for other purpose or shall I return to officer to get refund of amount on stamp paper?
R.V.RAO
(Expert) 08 April 2014
the indian stamp act/ any other act did not fix 6 months time limit/ validity for non judicial stamp paper.you go ahead with the gift.
Dr J C Vashista
(Expert) 08 April 2014
1. The stamp paper can be used.
2. Gift deed attracts stamp duty (in Delhi) same as conveyance deed, check it in your state.
ajay sethi
(Expert) 08 April 2014
it cannot be used . validity of stamp ppaer is 6 months in mahrashtra
Advocate. Arunagiri
(Expert) 09 April 2014
There is no such limitation to use the stamp paper.
The six months time is fixed to get the refund.
ajay sethi
(Expert) 09 April 2014
As per the provisions of Section 52-B, the stamps which are purchased and not used within six months shall be rendered invalid thereafter. The stamps purchased and not used for intended purpose are entitled for refund after deduction of certain charges, if lodged for refund within six months from the date of purchase and on fulfilling the conditions stipulated in Chapter V of the Bombay Stamp Act, 1958.
Guest
(Expert) 10 April 2014
Except the maximum period for claiming refund of unused stamps, there is no clear specification in the Indian Stamp Act about the period after which a stamp paper can be treated as invalid.
Even the SC, in Writ Petition (civil) 290 of 2001, did not treat invalid the stamp papers dated 25.8.1973 and 7.8.1978 used in agreement, dated 5.1.1980. The extract of judgment, dated 19.02.2008, in the case of Thiruvengada Pillai vs. Navaneethammal & Anr, stipulates, as follows:
"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."
SO, IN MY VIEWS, there is nothing wrong in using stamp paper, dated 30.5.2013, after expiry of 6 months for the purpose of gift transaction.
Rajendra K Goyal
(Expert) 11 April 2014
Well advised by the expert PS Dhingra ji, agree to it.
R.V.RAO
(Expert) 11 April 2014
agree with sri dhingra ji's views.
T. Kalaiselvan, Advocate
(Expert) 09 April 2014
