Stamp Paper
Querist :
Anonymous
(Querist) 19 November 2010
This query is : Resolved
Can a stamp paper beyond the validity of six months used for preparing a legal document and does a contract prepared on a stamp paper which is beyond six months from the date of purchase held valid.
Shashikant V. Patil
(Expert) 19 November 2010
Dear Anonymos,
Stamp paper which are non-judicial are valid for only six months from the date of purchase.
And contract which prepared on a stamp paper which is beyond six months from the date of purchase is invalid.
Khaleel Ahmed Mohammed
(Expert) 19 November 2010
Date of executing the contract is most important, if the parties mentioned the date with the period of six months of the purchase of the stamp , such contract stand valid.
aman kumar
(Expert) 19 November 2010
after six months of stamp papers cant used for preparing a legal document . its like a plane papers .
aman kumar
(Expert) 19 November 2010
after six months of stamp papers cant used for preparing a legal document . its like a plane papers .
aman kumar
(Expert) 19 November 2010
after six months of stamp papers cant used for preparing a legal document . its like a plane papers .
Sri Vijayan.A
(Expert) 19 November 2010
1.Stamp papers can be used after 6 months.
2.Execution date shall be after the date of purchase of stamp.
3.Any contrary in this shall make the deed invalid and forged.
adv. rajeev ( rajoo )
(Expert) 19 November 2010
Validity of the stamp paper is 3 years from the date of it's issuance.
R.Ramachandran
(Expert) 19 November 2010
Dear Mr. Aman,
Can you please quote the provision according to which after six months of stamp papers cant used for preparing a legal document?
Debasish Hota
(Expert) 19 November 2010
I am also interested to know the detail provision about the validity of stamp paper.
Advocate Rajiv Mishra
(Expert) 20 November 2010
there is nothing which shows that a stamp paper can not be used after six month of its purchase. i completly agree with mr. vijayan.a .
R.Ramachandran
(Expert) 20 November 2010
I am very sorry to say that some experts say something in this Forum, but when asked for details / provisions on the basis of which whatever they had said, they shy away and do not revert to answer back. It robs them of their credibility. For instance in this thread Mr. Aman said that "after six months of stamp papers cant used for preparing a legal document. its like a plane papers" but he has not come back with any basis for saying so.
Parthasarathi Loganathan
(Expert) 20 November 2010
I stand by the contention of Mr.Ramu. Credibility is also at stake when some experts resort to telegraphic and stereo type replies like, Yes, Agreed, Well Advised, DITO, Do,AS ABOVE, etc which will never make any value addition to the opinion already rendered by the experts. I meant no offends here since it is only my personal opinion. Full-fledged practicing lawyers are blessed with all live inputs with regard to any case under any branch of law.
Coming back to the original query, I wish to state that ccording to a recent Supreme Court judgement dated 19/02/2008 in the case of Thiruvengada Pillai Vs. Navaneethammal and Anr., the stamp papers do not have any expiry period. Relevant extract from SC Judgement is reproduced herein below:
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.
Kirti Kar Tripathi
(Expert) 21 November 2010
the date of purchase of stamp paper has no relevance with the execution of the instrument, but it should always in the name of any person, who is the party in instrument.
R.Ramachandran
(Expert) 21 November 2010
Dear Mr. Kirti,
The date of purchase of stamp paper certainly has relevance. No agreement can be shown to have been executed on a day prior to the purchase of the said stamp papers.
Kirti Kar Tripathi
(Expert) 21 November 2010
Dear Mr. RamChandran I agree that no agreement can be shown to have been executed on the day prior to purchase of stamp paper. as the stamp paper can not be made available on the date of execution but when the stamp papers are already available, the execution of agreement is possible. However, I request you to kindly provide the provision prescribing validity period of Stamp paper, so that I may be enlightened.
