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umesh kapoor (service)     20 May 2009

stamp paper

Dear All

Please let me know what is the validity period of stamp paper ? i.e. within what period the stamp paper should be used ?

 

UMESH KAPOOR



Learning

 1 Replies

A V Vishal (Advocate)     20 May 2009

Dear Mr Umesh,

As per the Indian Stamps Act, there is no expiry for a stamp paper. Recently the apex court has passed a judgement, I am citing the same fore your reference:Dated : 19/02/2008

Case : Thiruvengada Pillai Vs Navaneethammal
and Anr.


Judgment Text is reproduced herein below:

“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

Supreme Court pronounced judgement dated 19/02/2008 in the case of Thiruvengada Pillai Vs Navaneethammal and Anr, THE STAMP PAPERS DO NOT HAVE ANY EXPIRY PERIOD.



Citation: Thiruvengada Pillai Vs Navaneethammal and Anr.
 

P.S:HOWEVER, ACCORDING TO THE BOMBAY STAMP ACT, THE VALIDITY OF A STAMP PAPER IS ONLY SIX MONTHS.

I AM CITING IT SINCE YOUR PLACE OF RESIDENCE IS NOT MENTIONED IN THE QUERY.

HOPING THE ANSWER SOLVES YOUR QUERY.

 


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