Bijay Kumar (Company Secretary) 18 July 2011

Legal documents

HI learned members,

my question remains unanswered. i have come across an agreement shown as executed 10th june 2011 on a stamp paper dated 20th june 2011. what is the remedy for this to validate. since the parties are not disputing the fact they have executed this agreement and there seems to be a technical defect. i am sure the contract will not be invalidated for mere technical fallacy. the requisite stamp duty has been paid on the instrument. so when this document is produced in court of law what is the remedy ???

now since what has been done can not be undone what is the legal position on this when this document is produced in court of law ?? in the past i received some answers like this document is invalid or it is mistake of date. i don't agree with such views since a document can not be invalid for mere technical fault. there has to be some judgement on such document which suffers from such technical defect.

regards

Bijay Kumar

9833629730

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3 Replies

Darshan Panchal (Advocate) 18 July 2011

try to get a stamp paper of 10th june from some stamp vendor. i am sure u'' get it. and get a new agreement executed. I hope it was internal and wasn't a registered one. Agreement itself can not be invalidated for technical flaw. Date of execution can be a matter of dispute if it is contested but that doesn't invalidate the document. Best is to have the documents franked from bank and keep them open for execution

robin george (Lawyer) 18 July 2011

Is this is a case of getting the date wrong on the day of execution, if so then make a correction deed between the parties and get it duly stamped by the registrars office and use it as a suppement on the agreement for correcting the faulty date.