Stamp paper date prior to execution is valid or not?

This query is : Resolved 
 


Querist : Anonymous (Querist)
13 December 2011

i have 3 stamp paper of Rs.100 of the year 1999,2001,2005 respectively can i use it to make sale agreement of leave and license purpose if not or yes what is the reason behind it pls clarify and how can i used this stamp paper for any purpose and from which date to that date stamp paper is to be known valid stamp paper.

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Shailesh Kr. Shah (Expert)
13 December 2011

Yes, you can use.

According to a recent Supreme Court 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.
According to a recent Supreme Court Judgement dated 19-02-2008 in the case of Thiruvengada Pillai vs. Navaneethammal and Anr., the stamp papers do not have any expiry period. Relevant extract from SC judgement 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.

ajay sethi (Expert)
Click to Talk
13 December 2011

agree with advise of shailesh shah

raj kumar makkad (Expert)
13 December 2011

No reply of the desired situation has been provided out of citation submitted by Shah and agreed by sethi. This citation is not applicable in the given case.

As per section 2.3 of Bombay Stamp Act, 1958, a stamp paper should not be older than 6 months from the date of its execution so there is no scope to use the stamp papers in your hand.

ajay sethi (Expert)
Click to Talk
13 December 2011

the query raised by querist was a general one as to validity of stamp paper . the querist wanted to know whether he can use the stamp paper for any purpose . the judgement of supreme court was on indian stamp act and not under bombay stamp act .

had the querist riased a secific query on bombay stamp act answer would have been valifity is 6 months .


Shailesh Kr. Shah (Expert)
13 December 2011

Makkad sir,
I have checked whole query three times, but nowhere find that stamp to be use at maharashtra state?????.


Querist : Anonymous (Querist)
14 December 2011

yes shah sir, stamp paper is used in maharashtra state, in mumbai

V R SHROFF (Expert)
14 December 2011

stamp paper must be used within 6 months from date of Purchase.
People Search for Old Stamp Papers at exorbitantly high value, and get them executed on Old dated Notary/ Exe Magistrate , to prove especially Land/ Property Deal.
Older the stamp, more valuable it is!, for all illegal deals show legal, valid & binding.
Ready to exchange with new ?? Lots of purchasers!!

mahendrakumar (Expert)
14 December 2011

My god,Mr.Makkad,how could you guess that the query was for Maharastra?

Shailesh Kr. Shah (Expert)
14 December 2011

Dear Author,

How can only Mr.Makkad known that stamp paper to be used in mumbai???? can you clarify.

Advocate. Arunagiri (Expert)
14 December 2011

It seems that Mr.Makkad not only knows law, but also telepathy.

Devajyoti Barman (Expert)
Click to Talk
14 December 2011

Only Mr Makkad can clarify this puzzle now.

Advocate. Arunagiri (Expert)
14 December 2011

Mr.Makkad can also share his knowledge on this telepathy subject also.

K S GOSWAMI, Advocate (Expert)
14 December 2011

As Mr. Shah has submitted that there is no limitation/expiry of the stamp-paper, so it can be used at any time after its purchase. But so far the question of using a stamp-paper purchased for a specific purpose, it can not be used for anyother purpose and it must be used for the specified purpose only.

V R SHROFF (Expert)
14 December 2011

The Bombay Stamp Act applies to the entire State of Maharashtra. All the instruments specified in the Schedule to the Act are covered under this Act.
relevant sec

2.2 The stamp papers must be in the name of one of the parties to the transaction. They cannot be in the name of the Chartered Accountant or Lawyer of the parties.
2.3 The date of issue of the stamp paper must not be more than 6 months older than the date of the execution of the instrument.

Adv Shroff
14-12-2011


Querist : Anonymous (Querist)
14 December 2011

SHROFF SIR, on whose name the stamp paper is to be created when there is one BUYER and other is SELLER or licensor and licensee.

Shonee Kapoor (Expert)
15 December 2011

:-) Why are people after Ld. Mr. Makkad there. It could well be a co-incidence.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

mahendrakumar (Expert)
15 December 2011

nothing against our Ld.Mr.Makkad at all,queries are made only out of curiosity regarding that strange coincidence.

Shailesh Kr. Shah (Expert)
16 December 2011

@Makkad Sir/Author,

I eager to know, how can it communicated only between author and mr. makkad.

V R SHROFF (Expert)
16 December 2011

SHROFF SIR, on whose name the stamp paper is to be created when there is one BUYER and other is SELLER or licensor and licensee

Ans: Stamp Paper On any Party name who execute .

Usually the Purchaser, or one who need to use it in court of law as his evidence, or who pay for it. [Party only] [now you have to mention Type or Purpose, Phone & Mobile No. with Address etc also on Franking in Bank. ]



Adv Shroff
16-12-2011


Anyway, answers of both the experts are correct in specific cases, i.e., in general of Shri Shailesh Shah and in Bombay case that of Shri Makkad.



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