Validity of non-judicial Stamp Paper
Dushyant Pandya
(Querist) 26 March 2010
This query is : Resolved
Respected Experts,
Recently I have referred following judgment passed by SC;
AIR 2008 SC 1541
According to above 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."
Please advice.
Guest
(Expert) 26 March 2010
As per the registration act, a document has to be presented for registration within a period of 4 months of its' execution.
This clause is pertaining to registration part only.
Hence, there is no restriction in using a stamp paper which is old.
Arvind Singh Chauhan
(Expert) 26 March 2010
You are quite right. Old stamp paper may be used. And for your kind knowledge a stamp paper which is used as writing on it but not put forth before any authority or registration office, may be refunded.
