Query regarding stamp paper defect ?

In my view, the concerned collector of stamps may be approached with the set of documents for adjudication of appropriate stamp duty, which can be paid with penalty. If the contract is otherwise valid, this defect can be cured by adopting this process. The Collector may ask the parties concerned to lead evidence, as to the execution.

vasudevan

Dear sir my question is that since this matter before court & other party is not accepting this contract & taking benefit of this one defect ie stamp paer was on name of other person who was not party to contract ie some stranger in that case what can we do ?

      What does Indian Stamp Act say on it ?

·         What does Registration Act say on it ?

What does notaries say on it ?

·         

Any judgment on it ?

Dear Dhawal,

This is normal practise in india that only stamp papers has to be purchased in the name of proposed purchaser. when both the parties has put signatures on the deed then it just become irregularity. now in court then cannot absolve or avoid that this agreement / deed is not executed. during my 15 years of practice i have not come across this defect. however there is no provision in stamp act and notaries act regarding this defect.

Regards

Rajiv Bhasin

Advocate

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