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Anantha (SQS)     18 February 2015

Date of agreement vs date of stamp paper

Whether the date of contract agreement can be after the date of stamp paper?



 18 Replies

vivek malhotra (Advocate)     19 February 2015

Yes it can be. But it not be after 6 months. The stamp paper will expire in 6 months from the date of his issuance if it is not executed.


(Guest)

Any date before the date of expiry of the stamp paper can be the date of agreement.

Vivek Laddha (CA, CS, CMA, LL.B.)     15 March 2015

Is there any impact of Limitation Act??

Samal Kumar (ADVOCATE HIGH COURT OF KERALA)     21 March 2015

Date of execution of agreement/contract can be after the date of purchase of stamp paper only. However, in exceptional cases, if the activities under the subject contract or agreement had commenced prior to the date of execution, suitable clause can be validly included to make the document valid.

Samal Kumar (ADVOCATE HIGH COURT OF KERALA)     21 March 2015

Date of execution of agreement/contract can be after the date of purchase of stamp paper only. However, in exceptional cases, if the activities under the subject contract or agreement had commenced prior to the date of execution, suitable clause can be validly included to make the document valid.

Mr. Mukti Bodh (Practicing Lawyer)     09 April 2015

As per the Hon'ble Supreme Court, there is no expiry date of a stamp paper. The period of 6 months prescribed in Stamp Act is merely for the purpose of refund of the stamp duty. After expiry of 6 months, the refund of stamp duty can not be obtained. Hon'ble Supreme Court judgment attached. I fully agree with the view point of Mr. Samal Kumar


Attached File : 8793 20150409234315 781170088 stamp paper expiry date.docx downloaded: 1153 times
3 Like

Santosh Kumar (Advocate)     15 April 2015

Dingra Sir and Samal sir is right....

As per  Sec, 52 B of  The Bombay Stamp Act 1958  “not withstanding anything contained in Sec 47, 50, 51 and 52 under the relevant provision of this Act;  and any stamps not so used or so delivered within the period  aforesaid  shall be rendered invalid.

 

The said provision is contrary to the  judgment passed by the Hon’ble Supreme Court in W.Petiton No. (civil) 290 of 2001 between Thiruvengada Pillai vs Navaneethammal & Anr  passed on 19 February, 2008 by  the bench  Bench: R V Raveendran, P.Sathasivam.

 

The Hon’ble Supreme Court said that ,  “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.”

Rajpal Sharma (Law Officer)     05 May 2015

I agree with Mr. Samal Kumar and Mr. Mukti Bodh !!!!!!!

The Hon'ble Supreme court had interpretated a situation where Act and Rules is silent over the subject matter i.e. expiry of Stamp paper. Wherever statute has its own specification/prescripttion, then interpretation is not required. On the basis of above; it can be said that order would not apply wherever specific provisions has been provided.

I think currently Maharastra and Gujarat are the only states, where the expiry of Stamp papers has been precribed, rest all statutes applicable to other States & UTs are silent over the issue, therefore applicable to all those states and UTs.

1 Like

N R Dash.. (Advocate)     06 May 2015

Rightly adised by the learned members.

advocatepassy@gmail.com 971794 (Advocate)     17 September 2015

Stamp paper has validty of 6 months only if you want to take back your money. Otherwise no limitiatation

N LAKSHMIPATHY (ADVOCATE)     27 October 2015

I agree with Learned members that the time limit of six months only to claim refund for unused stamp paper.

As per the Hon'ble Supreme Court, there is no time limit / expiry date to  the stamp paper to execute any agreement / contract.

 

Ms.Usha Kapoor (CEO)     06 September 2016

Dear Client,

There is no expiry date of stamp paer once it's purchased . Even after morre than  6 months delay according to supreme court and also the stamp act  even if there is more than  6 months delay between the date odf its [purchase and the execution of sale Agreement it is legally valid.

Law Aspire (Legal)     17 September 2016

But in General Business Purpose no one accepts this thing 
such as if we go to Notary he also denies to notorise any affidavit of todays date  on stamp paper purchased 6 months before.

In General Trade usage no one accepts this views. They insist of purchasing a fresh stamp paper 

 

viraj   21 December 2017

Dear Sir,

 

what caluse can be add when date of commencement is earier then date of stamp paper or franking.. 

kindly guide 


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