imponding of document
Dhiren Akbari
(Querist) 09 January 2010
This query is : Resolved
personal guarantee duly stamped on 1-1-1997 in favor of bank executed in Mumbai - bank at the time of signing the document did not put the date on document - on 1-10-2000 bank filed the case - bank putted date on document as 1-11-1997 to avoid defence of time barred(3 years) claim. u/s 52B of maharashtra stamp act, any stamp not used within 6 months is not a valid stamp. DRT on defence, ordered for imponding of the said document using power u/s 33.
now question are;
1. whether the document which is invalid u/s 52B of the Act can be impounded by court?
2. if court is right in using their power u/s 33, from which date the said document turned to be valid? i.e. from the original date of document or from the date of adjudication by the collector of stamps?
3. is there any specific provision under stamp act to renew/extend the validity of the duly stamped document after 6 months period as provided in sec. 52B?
4. relevant judgement in the above matter and advice for taking defence in the above matter.
an early opinion, reference and advice be highly appreciated.
thank you.
adv. rajeev ( rajoo )
(Expert) 09 January 2010
Court has rightly impounded the document. If the bank is ready to pay the penalty then court will refer it to the Deputy commissioner of the Dist., to collect the payment of the penalty, after paying it such doucment will be valid.
You said this stamp paper is of 2000 then how come bank will put the year 1997 ?. If you are defendant then challenge it by producing the registar maitainained by the stamp vendor regarding the issuance of the stamp paper
PJANARDHANA REDDY
(Expert) 09 January 2010
IT COMES UNDER DOCUMENT ALTERATION AND FORGERY.
kranthi kiran
(Expert) 09 January 2010
What I understood is Date of stamp (i.e.,date of purchase of stamp) and date of execution of the deed are different. There is no expiry for stamp paper. It can be used at any time after its purchase. The time limit of six months is for the refund of amount, in case it is not used.
The court has ample powers to impound the insufficiently stampeddocument.
Dhiren Akbari
(Querist) 09 January 2010
Thank you Mr. Rajeev for reply.
first of all i am referring the specific provisions of bombay stamp act in this matter and the period of usage of any stamp paper is provided in sec. 52B of the said act (i.e. 6 months).
further the stamp paper used was dated 1-1-1997 only. it is the date of the guarantee putted by the bank is 1-11-1997 to avoid the provisions of limitation act.
all experts are requested to read the querry carefully and if order of the court is not challenged then the banks who generally never put date on any document at the time of getting signature of the client and at the time of litigation can put any suitable date within the period of limitation (3 years) and get it impounded by the court. esspecially under bombay stamp act, specific provisions u/s 52B has been inserted to curb this kind of practice.
experts are humbly requested to express their expert opinion in this matter.
thanks & regards
