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Stamp papers for property registration (Legal Documents)

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This query is : Resolved


Author : Raghu

Posted On 02 October 2011 at 22:06

In 2009, I had booked a villa in a residential project and I had paid 20 % of the cost of villa to the builder. I was also supposed to register the land in my name during early 2010. However due to some financial constraints, I was unable to go ahead with the payment as I informed builder my intentions of not going ahead with the property investment. In the interim, I had requested the builder to prepare for registration of land in my name and hence had paid an advance cash of Rs 42,500 towards stamp duty. Upon cancellation of investment the builder has also handed over the stamp paper back to me.
Now last month I purchased an apartment and have made full payment towards the same. The property is due for registration in my name by 3rd week of Oct. Can I still utilize the Rs 42,500 stamp paper that was bought for the old property?

Please advise




Expert : R.Ramachandran

Posted On 02 October 2011 at 22:28

Yes, you can very well make use of the unused Stamp Paper purchased earlier, for the present purchase - provided the Stamp paper was earlier purchased in your name (you can see on the reverse side of the stamp paper as to in whose name the stamp paper had been purchased.)



Expert : prabhakar singh

Posted On 02 October 2011 at 23:44

Yes i agree with Mr. Ramachandran,you can use it ,if unused and bought it name of person who has to pay now in this deal.



Expert : Shailesh Kr. Shah

Posted On 03 October 2011 at 08:47

unused stamp paper can be used at any time. There is no bar in law for unused stamp.You need to check that stamp paper in your name.



Author : Raghu

Posted On 03 October 2011 at 11:33

Dear All, Thank you very much for your invaluable advice. I will definitely take this into account.

Regards



Expert : Arun Kumar Bhagat

Posted On 04 October 2011 at 09:38

I have heard that stamp paper must be used within 6 months from the date of purchase. Since I do not practice in Civil matters so I am not sure but however Please verify it with the Collector's office.



Expert : Shailesh Kr. Shah

Posted On 04 October 2011 at 09:56

Shri Ashok Kumar Bhagat

According to a recent Supreme Court judgement dated 19/02/2008 in the case of Thiruvengada Pillai Vs. Navaneethammal and Anr. held that 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.

So, he can use stamp papers at any time.



Expert : R.Ramachandran

Posted On 04 October 2011 at 10:37

Mr. Shailesh is absolutely correct. There is no time limit for usage of Stamp Paper.



Author : Raghu

Posted On 05 October 2011 at 14:17

Dear all, Thank you very much,

Regards



Expert : ESTHERPRIYA

Posted On 06 October 2011 at 11:37

You can use it. No harm in it.



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