Validity of stamp papers
Ajay shah...
(Querist) 13 September 2014
This query is : Resolved
My father had Sold Plots to developer. The stamps were purchased by the developer on his Name ( i.e Developer) on 12/12/90 and the developer used it on 26/06/91 on father's Name. He did the registration with this stamp papers after 6 months & 20 days, was is it valid then?
Also if the stamp paper where bought on the developers name can it be used by other person ?
Pls bestow with your Valuable Insights
Ashish Dongre
(Expert) 13 September 2014
According to 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.
The Stamp Papers must be in the name of Either of the parties.
Rajendra K Goyal
(Expert) 13 September 2014
Stamp papers can be used even after 6 months. Agree with the experts.