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V.Gururaja Rao   24 October 2016

Validity of non judicial stamp paper

Hi all,

One "X" executed a Will on Rs 100/- NJS which does not contain the date of purchase of stamp paper, to whom the said stamp paper sold, and date of sale of the Stamp Paper, more over it does not bear Stamp Vendor seal, In the said circumstances, whether such stamp paper is valid in the eye of law, can any one provide a suitable case law in the said context, it is very urgent.

  Thanking u all in advance.

Next question

The aforesaid Will was signed by testator on 21 st March, and was notarised on 23rd, it means the testator has not signed the will in the presence of the Notary, in the said situation is there any citation to disproove the Will Plz provide the judgments as it is urgent



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 7 Replies

Ms.Usha Kapoor (CEO)     25 October 2016

A "WILL" being executed on  a100 rupees nonjudicial stamp paper is legallyy valid. Biut  the non judicial stramp PAPER HAS NO DETAILS OF DATE OF PURCHASE AND VENDORS SIGN AND SELA AT THE BACK OF THE NON jUDICIAL STAMP PAPER MAKES IT LEGALLY INVALID. IF YOU APPRECIATE THIS ANSWER PLEASE CLICK THE THANK YOU BUTTON ON THIS  FORUM.

1 Like

Kishor Mehta (CEO)     25 October 2016

Sir/Madam,

Since the stamp paer does not bear the necessary stamps of date, vendor's name etc., it can not be used as a non-judicial stamp paper, however a WILL does not necessarily have to be prepared and executed on a non-judicial stamp paper, it can very well be prepared on a plain sheet of paper, hence the referred WILL is absolutely legal if all the other mandatory formalities are observed.

Secondly, if the testator has placed his signature in the presence of the two signatory witnesses on the date specified, the later notarization does not effec the validity of the WILL.

Good Luck,

Kishor Mehta

1 Like

Kishor Mehta (CEO)     25 October 2016

P. Venu (Advocate)     25 October 2016

Yes, the Will is legally valid. A will is not required to executed on a stam paper nor is it rquired be notarised. The only condition is the free will of the testator and the attestation by cometent witnesses. 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     26 October 2016

If the will has been signed by the testator in the presence of two competent witnesses and witnesses signed the will as witnesses, the will is valid.

SHARAD CHANDRA DANEJ (Asstt. Manager)     02 November 2016

The Indian Stamp Act, 1899, is silent on expiry date of a stamp paper, but Section 54 says that a person possessing a stamp paper for which he has no immediate use can seek refund of the value thereof by surrendering such stamp paperto the Collector provided it was purchased within the period of six months. 6.

 

SHARAD CHANDRA DANEJ (Asstt. Manager)     02 November 2016

According to  Supreme Court Judgement 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 judgement 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.


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