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Stamp paper has no validity period

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Stamp paper has no validity period
By: G Binani
April 15, 2021
All Articles by: G Binani       View Profile
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Brief: According to Supreme Court judgement dated 19/02/2008 in the case of THIRUVENGADA PILLAI VERSUS NAVANEETHAMMAL & ANR. [2008 (2) TMI 391 - SUPREME COURT] THE STAMP PAPERS DO NOT HAVE ANY EXPIRY PERIOD. 

Citation: Thiruvengada Pillai Vs Navaneethammal and Anr. Judgment: According to that judgment 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 Judgment 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.

But Maharashtra and Gujarat are the two states which have specific provisions stating that if a stamp is not used or surrendered back within six months of the date of issuing them, they will be treated as expired. Section 52B(b) of The Maharashtra Stamp Act (see here) and Section 52C of Bombay Stamp (Gujarat Amendment) Act, 2016 states that if any stamp has been purchased and it is neither used nor any allowances are claimed on it within a period of six months, it will be treated as invalid.

 

 

By: G Binani - April 15, 2021

 

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Sh.G.Binani Ji,

Sir, Very useful article. Very very important information is conveyed by you on this forum. Thank you very much.

By: KASTURI SETHI
Dated: 16/04/2021

 

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