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GOKULDAS KAMATH (EX BANKER)     29 October 2021

Old dated loan agreement in a newly purchased stamp paper

I am working for a Chennai based NBFC. A borrower was required to  execute an additional loan agreement  for restructure of his loan  account  .The draft of agreement  is dated  22.10.2021 and it needs to be got executed .on a stamp paper.  Borrower purchased  e stamp paper on 29.10.2021 in which agreement dated 22.10.2021 was typed

Kindly clarify whether  old dated loan agreement  on a new  stamp paper of later date is valid



 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 October 2021

No.  It is contrary to Rule 6 (2) of Stamp Rules, 1925.

Anand Bali Adv. (Advocate Solicitor & Consultant)     30 October 2021

Yes, it can be done. as both the parties are only giving a legal enforcement to an agreement to which they arried mutually few days ago. As in your case the draft of the agreement for a loan was made first with a mutual understatnding and then further to give it a legan enforecment on an understanding of agreement is has been executed on a Stamp paper lateron, thus making it as a CONTRACT between two parties.


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