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Abhishek Wakchaure   14 December 2015

Agreement date vs date of franking

Dear Professionals,

Can commencement date of Agreement be before Franking Date

To explain with example:

Commenrcemnt date: 01st December 2015

Franking Date: 10th December 2015

Is this legally valid? 



 6 Replies

siddhartha sinha   14 December 2015

Simply put. Such an agreement cannot give rise to any liability. Hence no.

Adv. Yogen Kakade (+ 91 9225510883)     15 December 2015

Yes..

The clause mentioning that the date of commencement of the terms of the agreement is 1st Dec 2015 and the franking and execution of Agreement on 10 Dec 2015 is valid.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in  

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     15 December 2015

1. There is no such thing that an agreement has to be in written form to make it legally valid.  Oral agreements are as much legally valid.

 

2. The agreement usually comes into operation from the date it is agreed by both the parties even if the agreement is reduced in written form later.  That will not effect the date on which it becomes operational. The fact commercial agreements/contracts are reduced in written form is only to clarify the terms & conditions agreed between the parties nothing more. More so, no where written down that any agreement has to be written on a non-judicial stamp paper to make it legally valid.  Written agreements on simple plan paper are as much legally valid. The use of non-judicial stamp paper is simply done in case this agreement has to be registered under the Registration Act, 1908 not otherwise.

3. Registration of any civil contract or agreement is not a compulsory document under section 17 of this Act unless it’s a contract or agreement with regard to any immovable property or any other documents as specified in this section.  However any written contract or agreement can be registered as an optional document under section 18 of the Act.

3.  People when enter in any agreement between themselves are more bothered to get a non-judicial stamp paper of any value (in some case they buy NJ stamp paper of very high value thinking more the value more effective this agreement will be) to write down the agreement on it ,sign it & get it notarized. After doing all this, both parties feel so happy & excited as if they have achieved a decree from some court of law, forgetting the fact that if any of them fail to carry out the terms & conditions of the agreement agreed by them, the time they will be wasting to get that term or condition fulfilled or compensation claimed for such failure through an order (under the Specific Relief Act, 1963) of the court may take their full lifetime since this will be a civil case.

 

4.  In the instant case, The date of agreement is 01-12-2015.  The date of franking on NJ stamped paper is 10-12-2015.   That is the agreement made orally on 01-12-2015 is now reduced to writing on stamped paper for tangible legal doument may require in future, which fact has to be better averred in the recital.

 

https://in.answers.yahoo.com/question/index?qid=20080622034310AAO2olD

 

1 Like

cyberlawyer (barrister)     15 December 2015

The date of the agreement or any clause which states the date on which it is supposed to take effect alone will be the date of the commencment of the agreement. Franking will not alter the date of commencement.

viraj   21 December 2017

Dear Sir,

Is there any clause to mention if date of franking or stamp paper is 4 month later then the commencement date of agremment

kindly advice 

Madhav Karanam (Law Officer)     01 January 2021

Nicely explained


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