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Adv k . mahesh (advocate)     30 August 2012

Non judicial stamp paper

hi lawyers

i want to know

1. can a Non Judicial stamp paper corrected

2. if an agreement is made if any changes to be made procedure

3. validity of the Non judicial stamp paper

this is urgent please take time to answer my quries

thanks every one



Learning

 5 Replies

Divya Jyoti Jaipuriar (Advocate/ 09868002365)     30 August 2012

Dear Mahesh

In case you want to do correction in the contents on a Non-Judicial Stamp Paper, it can be done prior to eecution of the instrument. All such corrections must be duly countersigned by the executants and brought to the notice of the person registering it. After the instrument is registered/ executed, the correction in the instrument is not allowed.

There is expiry date for non judicial stamp paper. Although some experts contended that by virtue of section 54 of Indian Stamp Act, stamp papers are valid for six months and it must be used within six month. However, Supreme Court in the case of Thiruvengada Pillai Vs. Navaneethammal and Anr. [AIR 2008 SC 1541] clarified that 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.

 

Divya Jyoti Jaipuriar

+91-9868002365

www.jaipuriar.com

Divya Jyoti Jaipuriar (Advocate/ 09868002365)     30 August 2012

Please read the opening line of second paragraph as "There is no expiry date for non judicial stamp paper". Error is regretted.

Adv k . mahesh (advocate)     31 August 2012

thanks for the same

correction on the Non-Judicial stamp paper means when we make a agreement between two parties can we alter it and in what procedure

Divya Jyoti Jaipuriar (Advocate/ 09868002365)     31 August 2012

Once the instrument is registered and effected on one stamp paper, no further correction is allowed on such instrument, For giving effect to any correction, you have to execute a fresh instrument. The new instrument can be supplement the earlier instrument and it can be mentioned on new instrument that this is being executed to give give effect to the corrected fact, which was either wrongly entered or there are changes in circumstances leadig to correction of fact. NEw instrument is also required to be registered accordingly

Adv k . mahesh (advocate)     31 August 2012

if the instrument is not registered than the procedure


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