Is there any expiry period beyond which Stamp Paper cannot be used in agreement?

Tilak Marg Forum for Legal Questions Forums Business Law Is there any expiry period beyond which Stamp Paper cannot be used in agreement?

Tagged: 

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 6 months, 2 weeks ago.

  • Author
    Posts
  • #4373

    Anonymous
    Guest

    Is there any expiry period or limitation period beyond which a stamp paper that I had purchased cannot be used? Some people say that if the stamp paper is more than 6 months old then it cannot be used. Please clarify.

  • #4374

    The Supreme Court has held that 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. The stipulation of the period of six months prescribed in Section 54 of the Stamp Act, 1899 is only for the purpose of seeking refund of the value of the unused stamp paper, and not for use of the stamp paper.

    Therefore, an old stamp paper can be used in an agreement. There is no legal restriction for that purpose.

    The above observations of the Supreme Court were made in the case of Thiruvengadam Pillai v. Navaneethammal, (2008) 4 SCC 530 : AIR 2008 SC 1541. The relevant observations in this case are reproduced below:

    “The 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.”

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

You must be logged in to reply to this topic.

You may also like to read these topics:

Can an old stamp paper, purchased more than one year back, be used now?

Facebook Comments