Validity of Non Judicial Stamp Paper

Advocate

Dear Friends,

Quiet often we find that people insisting that stamp papers purchased for executing agreements/contracts, needs to have been purchased not later than 6 months prior to the execution of the same. Stamp Act does not demand this. Could somebody enlighten, as to which rule of law demands this or if there is some logical reason behind it?

Thanks in advance.

 
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Advocate

stamp acts differ from state to state and some stamp acts clarly says that the validity shall be for 6 months and where the validity is not mentioned there is no bar to use the said stamps even afetre 6 months as held by different courts including the SC.

 
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Govt..Employee

Manish Singh rightly answered you.


Bombay stamp Act stipulates 6 month validation period. In these columns, there was some discussion about the validity of stamp paper some time and a judgement of SC was also referred. 


However, I am afraid, that the judgement did not refer to those State Stamp Acts where validation period of a stamp paper fixed specifically. It refers only Indian Stamp Act.

 
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ACS, LLB

In a remarkable judgement (Thiruvengada Pillai vs. Navaneethammal and Anr. ), the Supreme Court held that the stamp papers can be used after a period of 6 months from the date of purchase etc. 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 priod of 6 months next preceding the date on which it was surrendered.


The stipulation of the period of 6 montsh prescribed in Section 54 is only for the purpose of seekign a refund of the value of the unused stamp paper and not for the use of the stamp paper.


However the above interpretation may have to be checked with the state stamp acts for their applicability.


 


 

 
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Retired

 Can a stamp paper bought in A's name be used by B if B is not a party to the transaction?

 
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Advocate

Thanx friends,


Could you also state the positon in Punjab.


Mr. Murali could you give me the section or notification of the Bombay Stamp Act.


Mr. Anil pls do not hijack the thread of others. Pls open a new topic if you have some other issue. This would help you in receiving prompt replies from members.


Mods/Admin pls split the post of Mr. Anil under a new topic.


With regards

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

Indian stamp act differ from state to state and some stamp acts clarly says that the validity shall be for 6 months and where the validity is not mentioned there is no bar to use the said stamps even afetre 6 months as held by different courts including the SC.

 
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if validity of stamp paper is 6 months, then the count starts from which date, either date of proper officer or from the date on which it is purchased from vendor?

Please guide...

 
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Retired

 State Acts can't override the Central Act.

 
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Law Officer in a CPSU

Dear Mr Anil

A non-judicial stamp paper that is bought on a person's name cannot be used by the another person.

 
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