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VIJAYNARAYAN (FREELANCE EDU CONSULTANT)     12 September 2011

Shelf life of stamp paper

Dear ALL

How long a stamp paper is valid , i.e, the life time / expiry period of a stamp paper or more specifically can a agreement for services begining from september 2011 be executed on a stamp paper dated december 29, 2010   



Learning

 5 Replies

pervez (adviser)     12 September 2011

Certain states like Maharashtra & Gujrat has some restrictions on use of stamp papers in specified time i.e. within 6 months from the date of its purchase... you  may have to refer the respective stamp act of the state for ascertaning its validity.... most of the acts are available on website of the respective state govt.

VIJAYNARAYAN (FREELANCE EDU CONSULTANT)     13 September 2011

Dear Mr. Pervez

thank you very much for the info

jeetendra patel (lawyer)     21 September 2011

STAMP PAPER HAS NO VALIDITY.ONLY FOR REFUND PURPOSE TIME PERIOD IS SIX MONTH. MEANS FROM THE DATE OF PURCHASE IF YOU WANT THE REFUND OF THE SAME IN CASE IT IS NOT USED THEN VALIDITY IS SIX MONTH BUT FOR USE THERE IS NO VALIDITY AS FAR AS PROVISIONS OF INDIAN STAMP IS CONCERNED WHICH IS A CENTRAL ACT.

J.P.PATEL ADVOCATE (9921158871)

m.kupparaju (Advocate)     21 September 2011

My fraternity friend Jeetendra Patel is absolutely right.

According to a recent Supreme Court judgment dated 19/02/2008 in the case of Thiruvengada Pillai Vs Navaneethammal and Anr, the stamp papers do not have any expiry period. Relevant extract from SC Judgment is reproduced herein below:

"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.

kvss.prabhakar rao (Advocate )     21 September 2011

I agree with Jeetendra Patil, Sec 54 stamp Act clearyly indicates time specified only for refund of stamp paper But not usage. The recent Supreeme Court Judgment  in Thiruvengadam Pillai Vs Neveena thammal reported in

2008 (4) SCC PAGE 530   Stipulates that time is only refund of stamp paper. Can use at any time.

K.V.S.S.PRABHAKAR RAO , ADVOCATE, RAJAHMUNDRY ( A.P )


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