validity of stamp paper
Querist :
Anonymous
(Querist) 29 April 2011
This query is : Resolved
Hi Experts,
Pls advice on the validity of stamp paper...i heard that it is valid for 6 months from the date of purchase or stamp.
Also advice on the reason for the same...
R.Ramachandran
(Expert) 30 April 2011
There is no such provision that a stamp paper purchased must be used within 6 months. The only provision available is that if after having purchased the instrument for a specific purpose, and if the purchaser finds that he has no immediate use for the same, then within six months of its purchase if he delivers it to the Collector, then the collector after satisfying that (a) the stamps were purchased by the person with a bona fide intentiontouse them (b) that he has paid thefull price thereof and (c) that the stamps were purchased within a period of six months, will refund the amount of the stamp after deducting 10 paise for each rupee. Please see Section 54 of the Indian Stamp Act, 1899.
malipeddi jaggarao
(Expert) 30 April 2011
Well explained by expert Mr.Ramachandran. Moreover, such stamp papers have more value in market.
A V Vishal
(Expert) 30 April 2011
As replied by my Learned friend Sri RR, there is no provision in the Indian Stamps Act that the stamp paper is invalid after 6 months HOWEVER, As per the provisions of Section 52-B of the Bombay Stamp Act, the stamps which are purchased and not used within six months shall be rendered invalid thereafter. The stamps purchased and not used for intended purpose are entitled for refund after deduction of certain charges, if lodged for refund within six months from the date of purchase and on fulfilling the conditions stipulated in Chapter V of the Bombay Stamp Act, 1958.
Uma parameswaran
(Expert) 30 April 2011
See decision in writ petition (civil) No: 290 0f 2001(supreme Court )
R.Ramachandran
(Expert) 30 April 2011
Yes, even the Supreme Court, in CW (C) No. 290 of 2001 has stated the same thing as was stated by me. This is what the Supreme Court has said in the said decision:
"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."
