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girish (CA)     18 April 2011

Stamp Paper

Freinds i have following Quarry,

1. What should be the date of Stamp Paper?

If Suppose in Partnership deed, dissolution taking place on 31.03.2011, then in such case date of stamp paper should be before 31.03.2011 or it will suffice if Franking done on 05.04.2011 with execution date of 01.04.2011.

In case of Franking, Execution date can be before franking date?

In case of Stamp Paper, Execution date can be before Stamp Paper date?

2. Whether Stamp Paper in the name of Advocate or Third Person is Valid?

Thanks in advance.



Learning

 4 Replies

pratik (self working)     18 April 2011

i also need the answer.

khushi53@gmail.com (khushi53@gmail.com)     20 April 2011

stamp paper is valid for six months from the date of issue and yes singture of advocate is valid if he or she has purchsed it on ur name for ur behalf....

girish (CA)     20 April 2011

Thanks for your reply. I know validity of six months. But questions is whether stamp paper purchased in the name of advocate or third person is valid or not?

ajay (SELF)     21 April 2011

dear Giresh

First you will have to clear your concept of chargeablity of stamp suty. so please read with care the section 2 (6) of Stamp act and then you will draw your conclusion your self.

My conclusion is the stamp can be affix on the instrument  which purchase before the date or on the date of execution of the instrument.

In any other case if the stamp affix on any instrument after the date of execution of instrument the same has no legal value in the eye  of law and the instrument deemed to have been insufficently stamped. now the question is how the duties to be paid on such a instrument the same is duly defined in section 10 of the stamp act. So you can accordingly rectify your instrument.

As far as the duration of the stamp is concern so please rectify that the limitation of 6 month runs only for return of stamp paper to the government if unused or cancelled. But there is no such limitation in stamp act that the stamp is to be used with in 6 month after purchase of the same.

Section 29 of stamp act clearify by whome the stamp duty is payable. Court fee can be purchase in the name of Advocate but the stamp should be purchase in the name of parties to the instrument

thanks

ajay varshney 

advocate


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