Validity of Stamp Papers
PRACHI
(Querist) 14 May 2009
This query is : Resolved
Hi All:
Do non judicial stamp papers have a validity or an expiry date?
Till when can I use the stamp papers purchased on 1st May 2009?
Regards
Prachi
A V Vishal
(Expert) 14 May 2009
Dear Prachi,
As per the provisions of Bombay Stamp Duty Act, the stamps which are purchased and not used within six months shall be rendered invalid thereafter. The stamps purchased and not used for intended purpose are entitled for refund after deduction of certain charges, if lodged for refund within six months from the date of purchase and on fulfilling the conditions stipulated.
Hower, there is a supreme court judgement, hope the same shall be useful to you:
Dated : 19/02/2008
Case : Thiruvengada Pillai Vs Navaneethammal
and Anr.
Judgment Text 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
Supreme Court pronounced judgement dated 19/02/2008 in the case of Thiruvengada Pillai Vs Navaneethammal and Anr, THE STAMP PAPERS DO NOT HAVE ANY EXPIRY PERIOD.
Citation: Thiruvengada Pillai Vs Navaneethammal and Anr.
Sachin Bhatia
(Expert) 06 October 2009
Well explaind by Mr. Vishal
