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Dhawal Bhandari (ADVOCATE)     01 October 2011

Query regarding stamp paper defect ?

 

QUERY REGARDING STAMP PAPER DEFECT

In a case where party made agreement to sale on papers which was originally purchased in name of other person who was not party to contract then merely because of this technical defect such agreement becomes void ?

I would like to mention that in India oral contracts are also valid & contract on plain papers after paying stamp duty & necessary formalities are  also valid, so just because in above said query paper belongs to some other person does it makes void ?

By the way other party was not objecting earlier but their vakil/ lawyer told so & hence they are objecting it now? Actually party to contract was illiterate at time of contract & they went to petition writer who sold that stamp paper which belong to other person to them & now other party is not accepting this contract & taking benefit of this one defect ?

So kindly tell me what can I do ?

·         What does Indian Stamp Act say on it ?

·         What does Registration Act say on it ?

·         What does PUNJAB & HARYANA HIGH COURT Oders say on it ?

·         What does notaries say on it ?

Any judgment on it ?

I WANT HELP THAT MERE THIS TECHNICALITY CAN NOT MAKE CONTRACT VOID !!!!!

 



Learning

 3 Replies

V. VASUDEVAN (LEGAL COUNSEL)     01 October 2011

In my view, the concerned collector of stamps may be approached with the set of documents for adjudication of appropriate stamp duty, which can be paid with penalty. If the contract is otherwise valid, this defect can be cured by adopting this process. The Collector may ask the parties concerned to lead evidence, as to the execution.

vasudevan

Dhawal Bhandari (ADVOCATE)     01 October 2011

Dear sir my question is that since this matter before court & other party is not accepting this contract & taking benefit of this one defect ie stamp paer was on name of other person who was not party to contract ie some stranger in that case what can we do ?

 

      What does Indian Stamp Act say on it ?

·         What does Registration Act say on it ?

What does notaries say on it ?

·         

Any judgment on it ?

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     01 October 2011

Dear Dhawal,

This is normal practise in india that only stamp papers has to be purchased in the name of proposed purchaser. when both the parties has put signatures on the deed then it just become irregularity. now in court then cannot absolve or avoid that this agreement / deed is not executed. during my 15 years of practice i have not come across this defect. however there is no provision in stamp act and notaries act regarding this defect.

Regards

Rajiv Bhasin

Advocate

BHASIN & ASSOCIATES

9811210505, 9868635640


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