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INDRONIL GHOSH (Head - Sales Governance & Sales Process)     05 January 2011

Agreement Date Change

Dear Experts,

 

Please guide me on the following query.

"We have changed the agreement date on the stamp paper and got it countersigned by both parties - Is it valid".

As per opinion received, we cannot change agreement date on Franking page / on stamp paper page and the agreement becomes null and void. if date is changed although it may be countersigned by both parties. 



Learning

 8 Replies

RAJASEKAR (Advocate)     05 January 2011

whether is it registered document?

is it executed and written by whom?

what is the purpose of the agreement?

INDRONIL GHOSH (Head - Sales Governance & Sales Process)     05 January 2011

1. This is not a registered agreement.

2. This agreement is between Co. and Vendor executed on 300/- stamp paper. Stamp paper is bought by vendor.

3. Agreement purpose is to empanel vendor for providing sevices to Co at a fee.

nishad (Asst.Manager Legal)     05 January 2011

As a rule stamping shall be on or before the date of the execution of the document.If your agreement is dated post the stamping date,then it can be altered under proper authentication.

1 Like

INDRONIL GHOSH (Head - Sales Governance & Sales Process)     06 January 2011

Can anyone please validate the following statement whether True or not?

 

 

"Corrections on the stamp paper can be viewed as an irregularity by the auditor. In fact changing the date of the agreement can be construed as an act to tamper the validity of a stamp paper which can have civil and criminal consequences"

RAJASEKAR (Advocate)     06 January 2011

all the corrections initialed. then it should be corned foot of the document number of corrections made, better way get notary attestation

V. VASUDEVAN (LEGAL COUNSEL)     08 January 2011

There is no need for changing the date of execution of the agreement . If the parties want to change the effective date of bringing the agreement into force or to change/modify any other clause, the same can be done by a simple instrument, incorporating the amendments.

narender yadav (advocate)     12 January 2011

in view of the fact that the contract is an agreement made with the free consent therefore any alteration made with the free consent of the parties to the agreement and duly signed in the agreement which is unregisterd is valid and does not render the agreement null.

VIDHI (ca)     01 February 2013

I have a similar problem.. Unregistered agreement but date of agreement is prior to date of franking. 

Can I change the date and get it initialed by all the parties and get it registered.

Note: The change is to be done on the franking page


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