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divya (na)     29 August 2010

legality of agreements which are not on stamp paper

hi,

we are planning to go for stem cell preservation. however most companies that we have checked out do not  give the agreement on stamp paper. the agreement is on a preprinted format with the directors signature also printed. (not done personally.) i wanted to know the authenticity of these agreements.

regards

divya

 



 12 Replies

digvijay singh (Assistant Advocate)     29 August 2010

at least read the clauses carefully, check that the seal and signature of the company and its director concerned is there (not the printed one) and the agreement is properly stamped as per the relevant Stamp Act eg. in Maharashtra its Bombay Stamp Act.........

c n vittal rao (attorney at law)     29 August 2010

Alll agreements need not be stamped ,assuming this agreement has to be stamped and it is not if it needs to be implmented then the lack of stamping can be cured at that time by getting stamped ,if the directors facsimile signature is the normthen that als wont come in the way of its valdity you can rely on the agreement i think

1 Like

divya (na)     29 August 2010

1) how can we know if the agreement needs to be stamped or not?

2) how can we stamp an agreement single sidedly as we will get only one copy of it. the other being sent to their head offices?

3) also can we stamp the agreement after signature as we will only get the signed copy( our original sign and their directors printed sign) ?

regards

divya

sanjay mundada (legal advisor)     31 August 2010

agreement signed by authority ;after signing send r.p.a.d. letter mentioning about the agreement

and ask to reply  and mention that non reply will be confirmation to that agreement .

keep safe  aknowledgement of letter.

thogh not register it is forceble.u can file suit if needed .

registration purpose is for obtaining stampduty .

G.Padmanabhan (Advocate)     01 September 2010

Agreements need to be stamped. Stamp duties vary from State to State. You need to refer to the Stamp act of the state within whose jurisdiction the agreement is executed. If the agreement is on pre printed stationery, you may use special adhesive labels of the requisite value, instead of using non judicial stamp paper. Only properly stamped agreements are receivable in evidence in a court of law in the event of a dispute.  I agree with Shri.vittal Rao that the agreement can be stamped at the time of using it in a court of law. But, hefty penalties will be levied. 

P.K.Haridasan (Advocate)     01 September 2010

Agreements need not be  written on a stamp paper. But in order to get effect  of it court will ask to pay penalty which comes to about  10 times  the value of stamp normally used for writing an agreement. Court will impound the document and  will send it to Revenue Divisional Officer who is the authority to impose penalty. Only after  paying penalty, the document can be marked as evidence in a court of law not before that.

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

Mr Haridasan

You are right that Agrement need not be stamped

If it comes to court then penalty of 10 + 1 times will be collected by the court if it can ascertain the stamp value

If it cannot then question of sending document to RDO comes into picture.

Suppose an agreement of sale which is liable for stamp duty of Rs.100/- comes to the court on a plain, then the court can collect Rs.1000/- + Rs. 100/-, this is ascertainable

1 Like

nikhil (no)     01 November 2010

partnership deed on plane paper(not stamp) can be stamped(after paying penalty)  at the time of filing suit 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 February 2011

The basic issue is stamps are needed as a revenue for the Govt so value is prescribed. Any agreemen without stamp is also legal provided you have other evidence to support it. Coputerised signatures have no value whether stamp or no stamp.

Suhail A.Siddiqui (CEO)     21 March 2011

All agreements pertained to immovable property are to be written on due value of stamp paper and mandatoryly get registered in its absence it liable for penalty and its validity are also questionable etc.other agreement, if there are monatory involvement and mentioned in this agreement requred to be drafted on due stamp paper and get registration.if there is no monatry involvment it requred to put on minimum prescribed court fee and it serve two purpose one to avoid penal povisions second it is recorded with stamp paper vender and there is no dispute of date. Otherwise a scrap paper agreement is binding uopn both parties

Sudhir Kumar Sharma   16 July 2015

i think that a contract is valid if written on a plane paper duly signed and withness and can be enforcable in court of law, if any other opinion please reply

thanks

 

Prasad TVS   25 July 2015

Sir, In our business line, we used to give PD bonds in the name of President of India on non judicial stamp papers to the government body.  sometimes, whenever, NJS are not available in the market, we used affix special adhesive stamps at Registrar`s Office on pre printed documents, the said practice is going on since last few decades.  Now, one IRS officer is objecting to accept PD bonds on Special Adhesive stamps affixed documents, he is insisting for NJS.  When NJS are not available, how we can ?  Hence, I request your goodselves, is there any clause or section for not accepting our PD bonds on special adhesive stamp papers ?  Kindly held me and guide me and oblige.  Regards  TVS Prasad


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