Rs.5 Stamp

RAHUL (Querist) 22 October 2016 This query is : Resolved
Hai Expert

My uncle (Mama) has taken 5 lakhs Rupees from my father, and due to family relationship we didn't make any documents for the same, but now he is not ready to pay money.
He has got Rs.5 stamp paper in 2005 , on his name to execut agreement for money but we didn't make.
But unfortunately we got the blank stamp paper which he has purchased on his name,

Can we write on that and execute the same and file a case ???
Will we get succeed??

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Dr J C Vashista (Expert) 22 October 2016
Hai Rahul ji,
It is a good question paper (not a query) to be solved by legal experts.

There are number of missing information to reply the question; such as, which State you belong/ transaction of 5 lakh was undertaken since stamp duty is a State subject, which differs from state to state. However, no state accepts an agreement on Rs. 5 stamp paper.

The stamp paper is still stated to be "blank" to be 'filled" for recovery of a alleged loan advanced 12 years before, wherein limitation is 3 years which is required to have evidence.

Prima facie it is a hypothetical question.

Dr J C Vashista (Expert) 22 October 2016
Hai Rahul ji,
Your question (not query) is not so simple as you stated.
There are number of missing information such as which state you belong to i.e., Punjab, West Bengal, Andhra Pardesh or any other since stamp duty is a State subject. Even otherwise, no state accepts an agreement on a stamp paper worth Rs. 5/-.
Besides this, the stamp paper is stated to have been "blank", which is required to filled as you wish.
It is a time barred debt, even if you wish to manipulate the stamp paper.
Did your father pay in cash or through bank? Is there any document qua the loan?

It is an academic question and not a query.

Guest (Expert) 22 October 2016
You may have to get satisfied with the thinking that you have purchased a Rs.5 stamp paper for the cost of Rs. 5 Lakhs and that is also a valueless today.

Kishor Mehta (Expert) 22 October 2016
Sir,

The blank stamp paper is useless. You don't have any legal claim, even otherwise Law of Limitations may be applicable.

Good luck,
Kishor Mehta

Rajendra K Goyal (Expert) 22 October 2016
The loan is time barred, you can get back only through amicable settlement, legally you have no claim.

He can sign an acknowledgement of debt now that he got this loan of now payable Rs....., could not pay and would pay in future date and confirm sending Pronote. You can take pro missionary note with this.