Stamp Paper Fraud

Querist : Anonymous (Querist) 20 October 2010 This query is : Resolved
Hi,

An agreement was executed on a Stamp Paper in 2007 but not registered at the time. Thereafter, in 2009 the Agreement was impounded (purposely) and correct registration duty and penalty was paid to regularize the Agreement.

However, the stamp paper on which the Agreement was printed itself was proved to be fake since the relevant Stamp paper number was actually issued in 2008 (This was confirmed by the Stamp Office) thus there is no question of the Agreement being entered into by the parties in 2007.

1. What is the legal status of the Registered Document if proved that the Original stamp paper on which it was printed is not a valid stamp paper?

2. If this Agreement is treated as invalid, can this Agreement be made valid under any rule/ payment of penalty etc.

3. What action can be taken by the Govt. to get the Registered Agreement cancelled.

3. What happens to the Registration Duty and penalties paid against registration of the Agreement.

4. What action can the Department / Government take against the Parties to the Agreement who have faked the Stamp Paper and presented the same for Registration.

5. What are the relevant sections and the relevant law under which the fraudsters can be prosecuted.

Thanking you in advance.

Love and regards

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R.Ramachandran (Expert) 20 October 2010
Dear Anonymous,
There are too many issues involved here. You have to clarify certain things one by one before any answer could be given.
(1) You say that the Agreement (i.e. the stamp paper on which the agreement was written) was impounded purposely. What was the purpose?
(2) Whenever a stamp paper is issued, the stamp vendor affixes a rubber stamp on the reverse side indicating who purchased the stamp papers, what was the date of issue etc.
From this itself one can find out when was the stamp paper got sold.
Please indicate what is the date indicated on the reverse of the stamp paper?
(3) Who found out that the stamp papers were fake?

Devajyoti Barman (Expert) 20 October 2010
Yes, the query lacks relevant information.

Kirti Kar Tripathi (Expert) 20 October 2010
you can challenge validity of the agreement and this fact will be one of the best evidence for your case. unless the agreement is not declared illegal, the same is binding.

SANJAY GUPTA (Expert) 21 October 2010
Agree with Kirti

Querist : Anonymous (Querist) 21 October 2010
Dear Sirs,

Further clarifications are provided under

QUESTION:(1) You say that the Agreement (i.e. the stamp paper on which the agreement was written) was impounded purposely. What was the purpose?

The old agreement dated 2007 was purposely presented before the Registrars by the executors of the agreement, who impounded the same! Deed of Confirmation was thereafter made attaching this old agreement with it and thereafter proper duty was paid alongwith penalty.

The purpose was to make this document legal by paying the duties since the requirement of the executors was that the agreement be shown to have been executed in 2007 and not thereafter.

QUESTION:(2) Whenever a stamp paper is issued, the stamp vendor affixes a rubber stamp on the reverse side indicating who purchased the stamp papers, what was the date of issue etc.
From this itself one can find out when was the stamp paper got sold.
Please indicate what is the date indicated on the reverse of the stamp paper?

You are right. This date was written as 2007. However, in reply under RTI, the General Stamp Office have confirmed that this stamp paper was issued to the Stamp Vendor in 2008 and i have also been provided copies of the relevant registers which show that the stamp paper was issued to the Vendor in 2008.

This means that the Parties to the agreement could NOT have executed this agreement on this stamp paper BEFORE the issue of the stamp paper.

The date that appears on the stamp paper is in 2007 but is obviously manipulated.

(3) Who found out that the stamp papers were fake?

I have found out this fact after relevant search and have backing for this fact as i have copies of the relevant registers showing the date of issue of this stamp paper from the General Stamp Office and the Register of the Licensed Stamp Vendor. Both these dates are in 2008 whereas the agreement in question was executed in 2007.

I thank you all for your interest and prodding. This will enable you to give a proper reply.

I am treading on dangerous ground here, thus request you to give me correct guidance.

I need to know how i can get this Agreement declared as VOID.

I also need to know how i can get the parties to this Fraud punished under law.

Thank you in advance.

R.Ramachandran (Expert) 21 October 2010
(1) If you are an interested party, and getting affected by the action file a suit for declaration of the document as null and void;
(2) File a complaint before the Stamp Authorities complaining about the activities of the Stamp Vendor and seeking cancellation of his licence;

Querist : Anonymous (Querist) 22 October 2010
Sirs,

Yes, i am an interested party and i'm affected by this action.

Thank you for your reply.

Further, i need to know IF I CAN, how i can, begin criminal proceeding against the individuals who have signed the Agreement on behalf of our Co-operative Society in the capacity of Secretary and Treasurer.

OR are they indemnified since they acted on behalf of a Co-operative Society?

Can anything concrete be done to punish them and ensure that they are removed from the positions they currently hold.

Best Regards and thank you,

R.Ramachandran (Expert) 22 October 2010
Your allegation is that the stamp paper itself was issued in the year 2008 and as such the Agreement could not have been entered into over the said stamp papers in the year 2007.
In other words, the parties who entered into the agreement have pre-dated the agreement - for whatsoever reason. But according to you, they have done so with some purpose.
Therefore, whoever took part in deliberately back-dating the agreement are liable. Even the officials of the Co-op. society are also liable. So you can include them as accused in the complaint. The co-op. officials may or may not know that the stamp paper was purchased in the year 2008, but they surely know that the agreement was back-dated (if what you say is correct and if you could prove that.)

Querist : Anonymous (Querist) 22 October 2010
Sir,

You said that i could file a suit for declaration of the document as null and void.

In the High Court? or the City Civil Court applicable to me?

Should i also file a Police Complaint to initiate Criminal Proceedings against the Office Bearers who have signed the Agreement?

Please Advice.

Best Regards and thank you.