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Pushp Raj   13 June 2024

Date of stamp paper

Date of Partnership Agreement on deed is on 4 th may 2024 &

Date of Stamp paper purchased is 7 th may 2024.

A govt official has raised query that date of agreement has shall not be before stamp paper purchased.

Pls clarify 



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     13 June 2024

 According to Indian law, the date on the stamp paper is considered to be the starting date of the legal agreement. However, it is not mandatory that the date of the contract agreement has to be the same as the date on the stamp paper.

In fact, it is permissible to sign a contract agreement before the date on the stamp paper. In such a case, the agreement should be worded in such a way that it is clear that the parties involved intended to execute the agreement on a date that is later than the stamp paper date.

Additionally, the contract agreement should have two dates – the date on which the agreement was signed (which can be before the stamp paper date), and the date on which the agreement becomes enforceable (which should be after the stamp paper date).

In conclusion, it is possible to sign a contract agreement before the date on the stamp paper, as long as it is made clear that the parties involved intended to execute the agreement on a later date. However, it is important to ensure that the agreement has clear and specific dates mentioned for when it was signed and when it becomes enforceable.

Pushp Raj   13 June 2024

 "According to Indian law, the date on the stamp paper is considered to be the starting date of the legal agreement. However, it is not mandatory that the date of the contract agreement has to be the same as the date on the stamp paper. In fact, it is permissible to sign a contract agreement before the date on the stamp paper."

Thank you so much sir , 

Can you please quote the judgement or process where it has been written ?

T. Kalaiselvan, Advocate (Advocate)     13 June 2024

The opinion given here is a guidance to further the process of your issue, if you want to have judgment or relevant laws you may either look for it yourself or engage the services of an advocate on the terms of the chosen adocate

kavksatyanarayana (subregistrar/supdt.(retired))     13 June 2024

The execution date of any deed as on the date of purchase of stamp paper or subsequent date of the purchase.  But the date before purchase of stamp paper is invalid as per Rules under Indian Stamp Act, 1899.

Dr. J C Vashista (Advocate )     14 June 2024

The partnership agreeement can be signed /executed before purchase of stamp paper. It is valid and legal.

Ak   19 June 2024

How can it be possible it's like  before manufacturing copy has filled by handwriting..first step is purchasing stamp paper than another process for wht it  has been purchased it's a common sense issue not legal

P. Venu (Advocate)     20 June 2024

There is no provision under the Indian Stamp Act or the Rules thereunder that an agreement shall not be executed before the purchase of stamp paper. In fact, even if an agreement is not executed on requisite stamp paper, it is admissible in evidence on payment of duty and penalty under section 35 or 37 of the Indian Stamp Act, 1899.

Prudent Business Services SR   20 June 2024

PLEASE ADVISE ON THE CASE BELOW

I came across a similar case where the LLP was incorporated in MCA on 3rd Feb. 

In the deed, the start date was mentioned as 9th Feb.

the stamp paper was however purchased on 10th Feb and the deed was printed with business start date as 9th Feb.

So can we conclude that ............

According to Indian law, the date on the stamp paper is considered to be the starting date of the legal agreement. However, it is not mandatory that the date of the contract agreement has to be the same as the date on the stamp paper. In fact, it is permissible to sign a contract agreement before the date on the stamp paper.

The partnership agreement can be signed /executed before purchase of stamp paper. It is valid and legal. There is no provision under the Indian Stamp Act or the Rules thereunder that an agreement shall not be executed before the purchase of stamp paper. In fact, even if an agreement is not executed on requisite stamp paper, it is admissible in evidence on payment of duty.

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Another example was that the tenant had purchase the stamp paper 15th june , however he had occupy the property on 6th june and the rental agreement had mentioned that the tenancy starts from 14th June.

Fellow members ...please advise


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