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Varinder Malik (Advocate)     23 July 2012

Sec 35 indian stamp act

Hello dear friends,

My query is that whether an agreement to sell executed on insufficient stamp paer is admissible in evidence. whether it can be impounded as per  indian stamp act

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 July 2012

The agreement can be relied upon by impounding the same with the permission of the court.

N.K.Assumi (Advocate)     23 July 2012

Yes agree with Archana: That Section 35 of the Stamp Act consists of two limbs: "The first limb of Section 35 clearly shuts out from evidence any instrument chargeable with duty unless it is duly stamped.  The second limb of it which relates to acting upon the instrument will obviously shut out any secondary evidence of such instrument, for allowing such evidence to be let in when the original admittedly chargeable with duty was not stamped or insufficiently stamped, would be tantamount to the document being acted upon by the person   having by law or authority to receive evidence.  Proviso (a) is only applicable when the original instrument is actually before the Court of law and the deficiency in stamp with penalty is paid by the party seeking to rely upon the document.

Varinder Malik (Advocate)     23 July 2012

Hello Mam,

Do you have any ruling on this point. Really appriciate your reply mam.


Thanx alot

sanjaj patil (prop)     10 December 2012

what happen when document already exhibited

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