Regd stamp Paper

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CA J M Pattanayak (Querist)
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13 February 2008 Whether the agreement execution date can be before the purchase date of Stamp paper.

For eg. Agreement Execution Date is 27th August 2007.
Stamp Paper purchase date is 31 st August 2007.

Is it valid?

CA J M Pattanayak

CA J M Pattanayak (Querist)
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13 February 2008 a

R.V.RAO

R.V.RAO (Expert)
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13 February 2008 Rules under the indian stamp act 1989 hold that an existing( on the date of stamp paper ) or future debt, or the performance of an engagement(after the date of the stamp paper) only give rise to pecuniary OR ACTUAL liability .
Hence if the agreement is on a date prior to date of stamp paper it does not give rise to any actionable ( in a court of law) claim .in other words it is not binding AND the force of law is absent. SIMPLY PUT NOT ENFORCEABLE EVEN IN A COURT OF LAW.
R.V.RAO

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CA J M Pattanayak

CA J M Pattanayak (Querist)
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13 February 2008 Thanks for the information.

CA Shailesh +91 9393926464

CA Shailesh +91 9393926464 (Expert)
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04 March 2008 The agreement execution date shall not be prior to the date of Stamping. The agreement is not enforceable under Indian Contract Act and that's why the reason the agreement shall be executed on or after the date of stamping

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