VALIDITY OF STAMP PAPER

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Brief : According to a recent 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.

Citation : Thiruvengada Pillai Vs. Navaneethammal and Anr.

According to a recent 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.

 

 

Replies (10)

Nice Interpretation by Supreme Court.

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Thanks for sharing

 

 

Thanks Mr. Deepak for sharing

Thanks for sharing

Thanks for yr information

 sure

Thanks for the info.

also, this would override the Bombay Stamp Act provision of invalidation of Stamp paper in 6 months given 

Thanks for sharing

thanks for sharing

Thanks for sharing...

Stamp Duty is a state subject. Section 52B (ii) of Bombay Stamp Act which is applicable to the whole of Maharashtra states that any stamps that have been purchased on or after commencement date but have not been used, or no allowance has been claimed in respect thereof, within a period of six months from the date of purchase thereof shall be rendered invalid.

Thus validity of agreement will depend on provisions of Stamp Act of the state in which it has been stamped and executed.  


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