Validity of stamp papers for conveyance deed
Querist :
Anonymous
(Querist) 30 January 2012
This query is : Resolved
From Where to count, Validity of stamp papers of conveyance deed
For registration of stamp papers of conveyance deed at tehsil/registrar.
1.Date of purchase of Stamp papers
2.Date of permission given by land authorities (HUDA).
3.Date of signature and stamping by Land authorities (HUDA) on conveyance deed.
V R SHROFF
(Expert) 30 January 2012
From the date you purchased it.
Sankaranarayanan
(Expert) 30 January 2012
yes from the date of purchased i do agree with mr shroof
Querist :
Anonymous
(Querist) 30 January 2012
If after submit of stamp papers (Conveyance Deed) to Land authority (HUDA), Its takes more than 4 months in procedure of signature and stamping.
What should be done for validity matter of stamp papers in above case?
ajay sethi
(Expert) 30 January 2012
generally validity of stamp papers is 6 months in mahrashtra after purchase
V R SHROFF
(Expert) 30 January 2012
but, registration of doc must be done within 4 months of execution of Agreement.
Sailesh Kumar Shah
(Expert) 30 January 2012
H'ble supreme court held that stamp paper have no expiry date. It can be use any time, however refund of stamp is not permissable after 6 months.
Querist :
Anonymous
(Querist) 30 January 2012
Mr. V R SHROFF ji
First you said-
From the date you purchased it.
Now you said-
but, registration of doc must be done within 4 months of execution of Agreement.
Please clarify above, what date is correct.
And
3.Date of signature and stamping by Land authorities (HUDA) on conveyance deed.
in above point 3. Can we say Vendor = HUDA
and Vendee = Me
and Execution of agreement = signature and stamping by Land authorities (HUDA)
Raj Kumar Makkad
(Expert) 31 January 2012
Dear author! I am a lawyer from Haryana. There is no expiry date of stamp papers purchased for the purpose of Conveyance deed. The stamp papers are thoroughly valid from the date of purchase.
V R SHROFF
(Expert) 31 January 2012
In Mah state, any Agreement need to be registered within 4 months of it's execution.
execution means signed c date
Thereafter it is subject to penalty @2% p,m.
As Mr Shah says no six months[ no expiry] SC _it will be added knowledge, if u can provide citaton, and is applicable to Mah state.
After Telgi 's fraud of 1000k cr of Duplicate Stamp Paper, Mah Govt is very strict abt it.
prabhakar singh
(Expert) 31 January 2012
There is simply misunderstanding.
Mr.Shroff what you are saying applies every where in INdia and not only in Maharashtra.And that provision is contained in Indian Registration Act,reproduced below:
"23. Time for presenting documents
Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution:
PROVIDED that a copy of a decree or order may be presented within four months from the date on which the decree or order was made or, where it is appealable, within four months from the day on which it becomes final."Hence you are correct Mr.Shroff.
What Mr. Shah is stating is contained in Stamp Duty Act and is reproduced below:
"49. Allowance for spoiled stamps. - Subject to such rules as may be made by the State
Government as to the evidence to be required, or the enquiry to be made the Collector may,
on application made within the period prescribed in section 50 and if he is satisfied as to
the facts; make allowance for impressed stamps spoiled in the cases hereinafter ·mentioned,
namely :- .
(a) the stamp on any paper in advertently and undersignedly spoiled, obliterated or
by error in writing or any other means rendered unfit for the purpose intended
before any instrument written thereon is executed by a person;
(b) the stamp on any document which is written out wholly or in part but which is
not signed or executed by any party thereto;
(c) in the case of bills exchange payable otherwise than on demand or promissory
notes·
(l) the stamp on any such bill of exchange signed by or on behalf of the drawer
which has not been accepted or made use of in any manner whatever or
delivered out of his hands for any purpose other than by way of tender for
acceptance: provided that the paper on which a such stamp is impressed
does not bear any signature intended as or for the acceptance of any bill of
exchange to be afterwards written thereon;
(2) the stamp on any promissory note signed by, or on behalf of, the maker
which has not been made use of in any manner whatever or delivered out of
his hands;
(3) the stamp used or intended to be used for any such bill of exchange or
promissory note signed by, or on behalf of the drawer thereof, but which
from any omission or error has been spoiled or rendered useless, although
the same, being a bill of exchange may have been presented for acceptance or accepted or endorsed, or, being a promissionary
note, may have been delivered to the payee: provided that another completed
and duty stamped bill of exchange, or promissory note is produced identical
in every particular, except in the correction of such omission or error as
aforesaid, with the spoiled bill or note.
(d) the stamp used for an instrument executed by any party thereto which -
(I) has been afterwards found to be absolutely void in law from the beginning;
(2) has been afterwards found unfit by reason of any error or mistake therein,
for the purpose originally intended;
(3) by reason of the death of any person by whom it is necessary that it should
be executed, without having executed the same, or of the refusal of any such
person to execute the same, cannot be completed so as to effect the intended
transaction in the form proposed;
(4) for want of the execution thereof by some material party, and his inability or
refusal to sign the same is in fact incomplete and in sufficient for the
purpose for which it was intended;
(5) by reason of the refusal of any person to act under the same, or to advance
any money intended to be thereby secured, or by the refusal or non-
acceptance of any office thereby granted, totally fails of the intended
purpose;
(6) becomes useless in consequence of the transaction intended to be thereby
effected or being effected by some other instrument between the same
parties and bearing a stamp of not less value;
(7) is deficient in value and the transaction intended to be thereby effected hasbeen effected by some other instrument between the same parties and
bearing a stamp of not less value;
(8) is inadvertently and undersignedly spoiled and in lieu whereof another
instrument made between the same parties and for the same purpose is
executed and duly stamped :
Provided that, in the case of an executed instrument, no legal proceeding has been
commenced in which the instrument could or would have been given or offered
in evidence and that the instrument is given up to be cancelled.
Explanation. _ The certificate of the Collector under section 32 that the full duty with which an instrument is chargeable has been paid is an impressed stamp
within the meaning of this section . "
The case law Mr.Shah is talking is also there and in answer to some query in past i remember i have referred that but presently i am missing from mind.
Querist :
Anonymous
(Querist) 31 January 2012
Expert : Devajyoti Barman ji
Please tell me, On which statement you agree,
Because there are so many different different statements.
Please clarify and give your opinion.
prabhakar singh
(Expert) 31 January 2012
yes sir!
the following is the citation....
THIRUVENGADA PILLAI VS NAVANEETHAMMAL AND ANR. WRIT PETITION (CIVIL) NO. 290 OF 2001 [DECIDED ON: 19.02.2008]
prabhakar singh
(Expert) 31 January 2012
So if the stamp is unused it can be got refunded as per section 54:
54. Allowance for stamps not required for use. - When any person is possessed of a
stamp or stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which, he has not immediate use, the Collector shall repay to such person the value of such stamp or stamps in money, deducting [ten naye paise] for each rupee or
portion of a rupee, upon such person delivering up the same to be cancelled, and proving to the Collector's satisfaction:-
(a) that such stamp or stamps were purchased by such person with a bona fide
intention to use them; and
(b) that he has paid the full price thereof; and
(c) that they were so purchased within the period of six months next preceding the
date on which they were so delivered:
Provided that, where the person is a licensed vendor of stamps, the Collector may, if he thinks fit, make the re-payment of the sum actually paid by the vendor without any such deduction as aforesaid.
prabhakar singh
(Expert) 31 January 2012
The Indian Stamp Act, 1899 nowhere prescribes any expiry date for use of a stamp paper. It 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.
Querist :
Anonymous
(Querist) 31 January 2012
Mr parbhakar singh ji Thanks for above important information.
Please Clarify in my case.
Is This is correct in my case.
Meaning of Execution= signature and stamping on conveyance Deed by Land authority (HUDA).
Meaning of Vendor= Land authority (HUDA)
Meaning of Vendee= owner of Property
prabhakar singh
(Expert) 31 January 2012
Then what is conclusive :
1.stamp bought to day can be used for execution any time in future without restriction.
2.Any deed executed today must be presented within four months from today as provided in section 23 of Registration ACT.
3.If stamp bought to day is realized of no need then it can be returned with in 6 months from to day as provided in section 54 of Stamp Act subject to section 49.
prabhakar singh
(Expert) 31 January 2012
Meaning of Vendor= Land authority (HUDA) =seller
Meaning of Vendee= BUYER of property= shall become owner of Property after sale deed is registered.
Meaning of Execution= signature and stamping on conveyance Deed by Land authority (HUDA) AND of the BUYER of property.
Querist :
Anonymous
(Querist) 31 January 2012
Mr parbhakar singh ji Thanks for above important information.
Please Clarify in above your statement
You say-
In point 1.stamp bought to day can be used for execution any time in future without restriction.
But in Point 3.If stamp bought to day is realized of no need then it can be returned with in 6 months from to day as provided in section 54 of Stamp Act subject to section 49.
In my case i has already submitted my documents (Printed stamp papers in Land authority HUDA office for execution of conveyance Deed) But There are some other documentary problem (miss match map of Property with map of HUDA allowed) due to this problem, In Execution of Deed takes more time (one or two years)
Now
I am confusion in your point 3. if stamp papers are not use.Than stamp papers should return to Govt. within 6 months.
But in my case i am not able to do/ follow above point 3.
prabhakar singh
(Expert) 31 January 2012
only unused stamp can be returned back in lieu of its price minus govt.commission.It is like returning some thing you bought from a shop but now do not want to keep that.
In your case when every thing is typed on stamp then from the date on which parties sign it,i mean HUDA and you,the document called sale deed should be registered within
4 month from that date .
