Regarding the statute of limitation of stamp paper
Abhishek Mohan Acharya
(Querist) 27 December 2017
This query is : Resolved
A week ago i came across a stamp duty which was executed in the name of my father in 1997 and another person who agreed to sell a property to my father as a security under an agreement for a consideration of 50000. My father expired on 30th November 2017 and the person who was supposed to return the cash is denying now that the statute of limitations for stamp papers is over and the papers are not valid. I would like to know if i could sue the person using these stamp papers. And i meant to sue for the property, not for recovering the money and as i heard that the stamp papers i have is just a waste paper as its 20 years old, and also that the property is not a suit schedule one as i had mentioned earlier,i want to know if i could use those papers and also others papers like promissory notes and GPA and original gift deed of the land along with the stamp papers.
Ms.Usha Kapoor
(Expert) 28 December 2017
Supreme Court in the case, Thiruvengada Pillai vs. Navaneethammal and Anr. discussed this matter. The apex court said that there is no provision in Indian Stamp Act which prescribes the time limit of the Stamped paper. Section 54 of the said Act merely states, that value of an unused Stamp paper can be used , which is not spoiled or rendered unfit or useless, can be refunded within the period of 6 months prior to purposed date of execution, being used for a document.
A Stamp duty is required to be paid on or before execution deed/agreement. This legislation has provision to refund the value of the unused Stamp paper. The relevant part of the said judgement is-
“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.”
The Apex Court has made it clear that, the period of 6 months in the Indian Stamp Act is for refund of the value of the Stamp paper and it does not prescribe the validity of the stamp paper.
Yes! you can successfully Sue the person using the old stamp paper.
R.Ramachandran
(Expert) 28 December 2017
Dear Mr. Abhishek Mohan Acharya, some of our Experts simply go by the heading of your query and provide answers without even reading your query. Therefore, you have to be careful with such answers.
From your query I understand that on the basis of an agreement of the year 1997, now you want to recover Rs. 50000/- from the person who signed the agreement and gave it to your father. Prima facie, it is not possible for the simple reason that a suit for recovery of money has to be lodged within 3 years from the day it becomes due.
Having said this, one also has to know the exact contents of the agreement in question before providing you a complete and appropriate answer.
Ms.Usha Kapoor
(Expert) 28 December 2017
If you appreciate my answer please give me likes
Surender Kumar Sharma
(Expert) 28 December 2017
first clear is any suit is pending as you have mentioned suit property,
Rest limitation can be clear after going through the document,
here stamp duty mean I thing any document or agreement,
P. Venu
(Expert) 28 December 2017
Apparently, your query is regarding the refund of the amount involved in the agreement executed on stamp paper. Admittedly, the agreement was executed in 1997, i.e. before 20 years. Obviously, any action for recovery is barred by limitation.
Kumar Doab
(Expert) 28 December 2017
The stamp paper has been utilized and is no more blank.
The document is 20 years old.
Certainly you may respond to the point raised by Mr. SurenderKumar and confirm if any suit is pending on the same matter.
Kumar Doab
(Expert) 28 December 2017
Agreeing with Mr. SurenderKumar, Mr. R. Ramachandran, Mr. P. Venu you may show the said docs and other if any to a their very able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and having a successful track record.
Kumar Doab
(Expert) 28 December 2017
Ms. Usha Kapoor has posted on refund of value and posted citations.
Kumar Doab
(Expert) 28 December 2017
Dear Mr. R. Ramachandran,
It is vaguely remembered from some old threads from Ms Usha Kapoor that the Lady was unwell.
Even otherwise some oversight may happen, sometime and it can be ignored, more so in case of an Expert that want to help and cite with citations, enactments, provisions...
With Regards
KumarDoab
Guest
(Expert) 28 December 2017
A very good example of playing a number game on the part of Mr. Kumar Doab by making 4 irrelevant posts against a single question, just to add scores to add to his credit, that too without any appropriate advice.
It has further proved that Mr. Kumar Doab favours wrong and misleading advice to the querists, when he unjustifiably advised Mr. Ramachandran, to spare the old lady from criticism for her wrong advice.
Kumar Doab
(Expert) 28 December 2017
IT=@PSD
i.e
Last postor above my this last post
from all of IT's=@PSD's multiple fake ID's including above one
IT's=@PSD's contribution as usual from Day1, and in this thread is also NIL and ZERO.
Guest
(Expert) 28 December 2017
Suing is not prohibited, but result depends upon the legal validity of the case and case related documents. Now your stamp paper is worth of a scrap paper to be deposited in to a waste paper basket.
Guest
(Expert) 28 December 2017
So, ultimately, Mr. Kumar Doab (fake expert) has come out with another irrelevant post just to demonstrate the state of his unsound & disturbed mind without my asking even.
Kumar Doab
(Expert) 28 December 2017
IT=@PSD
Fom day1 in all threads under all of IT's=@PSD's multiple fake ID's pops and peeps without any good reason, logic and will not stop.....................
Now IT will run to litter IT's=@PSD's TRADEMARK TAMASHAA on profiles of querists, members, experts, LCI admin .........
Kumar Doab
(Expert) 28 December 2017
All readers can benefit from the citations by Ms. Usha Kapoor for and on the purpose decided by Apex Court of Republic of India....
Guest
(Expert) 28 December 2017
Mr. Kumar Doab is welcome again with all his irritation and frustration demonstrating the state of his unsound mind.
Refund of stamp duty case is rarest of the rare in the history of litigation. So, where lies the importance of the judgment cited by Ms. Usha Kapoor? Mr. Kumar Doab really lacks in commonsense also.
