Civil Procedure Code (CPC)

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Is agreement on plain paper valid ?

Guest (Querist) 10 August 2010 This query is : Resolved 
I came to know that agreement should be on stamp papers only so can I pay stamp duty later on for this plain paper agreement?

Or can I affix stamp duty stamps also on it later on?

Or is it quite worthless in court of law ?
Y V Vishweshwar Rao (Expert) 10 August 2010
You can place the Agreement on White paper bfore the Stamps & Registration department /SRO fgor paymnet of Stamp duty and penalties if any , and request to certify that proper Stamp duty is paid after execution of the agreement. There is no illegality in it . The fact is that the Stamp duty is paid after Execution of agreement and with penality if any .
R.Ranganathan (Expert) 10 August 2010
It is always better to have the agreement done on a stamp paper. But if it is on a white paper then you will be asked to pay the actual stamp charges and the penalties on the same before accepting it as a document in courts. Anyway there is no illegality in having the agreement on a plain paper.
s.subramanian (Expert) 10 August 2010
yes.i agree.
N.K.Assumi (Expert) 11 August 2010
Concur with the members.Even oral agreement is legal and there is no law that says that agreement should be in stamp paper.Yes, at the time of registration you can pay up the requisite fiscal duties with proper procedures.
Rajeev kulshreshtha (Expert) 11 August 2010
Yes I agree with the experts
Devajyoti Barman (Expert) 11 August 2010
The agreement is perfectly valid even if you do not get the stamp later on. The dispute may arise only at the time of admissibility of that agreement in any suit where however you could exhibit one you pay the requisite stamp.
So in any case there is no illegality in it in having on a plain paper.
DEFENSE ADVOCATE.-firmaction@g (Expert) 17 August 2010
Yes mr Barman and Assumi even oral agreements are valid.

Stamp duty is for the State to collect revenue., it can not change the nature of agreement.

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