Wednesday, July 1, 2009

Stamp Paper has no Validity Period(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.

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