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Notarization on Stamp Papers

(Querist) 26 February 2011 This query is : Resolved 
Can stamp papers purchased in Delhi, be Notarized outside Delhi. What is the legal implication of documents(affidavit, undertaking) executed on stamp paper purchased in Delhi but notarised from Noida/ Ghaziabad/ Haryana or anyother place outside Delhi.????
DEFENSE ADVOCATE.-firmaction@g (Expert) 26 February 2011
Stamps are tax by state so you have to purchase stamp paper of the state.
Subir Taluja (Querist) 26 February 2011
But howcome Stamp papers have anything to do with Notarization of that state.

Stamp papers are purchased for paying stamp duty in one particular state. Notarization is mere authentication of documents / signed in person in presence of Notary/ any authorized govt official.

What is the legal implication if stamp papers bought from delhi is notarized by some notary in Ghaziabad/ Noida/ Haryana.
Devajyoti Barman (Expert) 26 February 2011
Yes you can get that notarised but registration outside the state would not be allowed.
G. ARAVINTHAN (Expert) 27 February 2011
That restriction is only for registration purposes.
Stamp papers notarizing anywhere in India is valid
Kirti Kar Tripathi (Expert) 27 February 2011
stamp can be notarizing or registered in another state after verification from the treasury office, which has issued the same. this process is time taking and complected too.
Ajay Bansal (Expert) 27 February 2011
The said stamp of Delhi is invalid in Haryana's notarization.
DEFENSE ADVOCATE.-firmaction@g (Expert) 27 February 2011
The notary of other state will not sign.
Subir Taluja (Querist) 28 February 2011
For Delhi and NCR its a common practice. Stamp papers bought from Delhi can be notarized in Gurgaon/ Noida/ Ghaziabad(NCR) and vice versa...I am still not getting a proper revert for this query... Can someone check and revert.. Do we have any guildline on the same..?
M V Gupta (Expert) 28 February 2011
As per the stamp Act a document has to be stamped with the stamps of the sate where it is executed. Notarisation proves the place where it is signed. Therefore if the document is to be notarised in the state of Haryana it is necessary to use the stamp paper of that State. Delhi stamp paper cannot be used. The practice said to be prevailing in Ghaziabad/Delhi etc is not legally correct. Such an affidavit will be regrded as unstamped and as such cannot be relied in a court of law or before any Authrity.
ashutosh srivastava (Expert) 02 March 2011
Paying Tax by means of stamp papers,

notarisation

and

registration are three different things

Stamp paper must be purchased in the state where the document is executed. (it is another point of discussion that the document in reality is executed in Delhi but one writes the place of execution as Noida) therefore stamp papers must be purchased in the state where according to the document it is executed.

notarization only verifies the contents and existence of the documents by the notary it has nothing to do with the place of execution or the place of purchase of stamps.

whereas registration of document only verifies it existence on a particular date.



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