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Sumit Shingala (Chartered Accountant)     16 May 2009

SMAPED DOCUMENT & SIGNING

Normally, Any document which requires stamp duty, is first stamped by way of franking, and then signed/executed.

I have a query that i had an agreement which was formed by two parties. Due to mistake, one of the party signed the document before it could be franked for stamp duty. The document got franked thereafter, even through it was signed by one person. The other person signed that document after franking.

 

Whether such document remains valied or it needs to be corrected



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 May 2009

It is valid doucment because there is a signature of the party on the stamp paper. It need not to be corrected.  Party has signed after the franking, it doesn't make any difference.

Sumit Shingala (Chartered Accountant)     16 May 2009

dear sir,

IS IT COMPULSORY TO NOTARISE A  GENERAL POWER OF ATTRONEY DOCUMENT ?

Deekshitulu.V.S.R (B.Sc, B.L)     04 September 2010

A contract is agreement or consensus ad Idem. If the party signs the same at what ever point of time, it is valid. Franking or stamping is not a part of the contract but a legal formality


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