Indian Stamp Act 1899
Patanjali
(Querist) 16 February 2010
This query is : Resolved
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
Parveen Kr. Aggarwal
(Expert) 16 February 2010
(1) If Hundi is disputed by the other party, the person alleging Hundi has to prove it. As the original is alleged to be lost. A copy of the same may be produced after getting permission of the Court to produced secondary evidence under section 65 of the Indian Evidence Act, 1872. Without proof, the court cannot even presume about the existence or execution of a Hundi and as such, the question of presumption about its being duly stamped does not arise at all.
(2) Legally there is no bar in firstly delivering possession of the property by mutual understanding and thereafter executing a formal agreement. Section 2(d) of the Indian Contract Act, 1872 says that consideration may be past, present or future. That being so the deed of agreement may be valid for all purposes.
Kumar Thadhani
(Expert) 17 February 2010
Mr Parveen is perfect in replying your query.
