Can an agreement take retrospective effect if the stamp paper is purchased at a later date?

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Ganapati Ghatti

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Sep 17, 2013, 6:19:44 AM9/17/13
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Dear All,

Pls suggest

If i purchase the stamp paper today, can I mention some older date as the date of agreement . ??

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With regards...

Ganapati M Ghatti

Ganga Anil Kumar

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Sep 17, 2013, 7:10:03 AM9/17/13
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Dear Friend,

In general practice it is followed by many, however strictly speaking it is not valid as per mu view.

Thanking you,

Warm Regards
CS Anil Kumar Ganga | Hyderabad | India | +91 80082 99901 | +91 84980 84006 
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                                             " Try And Try Till You Succeed"


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Bharatraj Panchal

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Sep 17, 2013, 11:52:05 AM9/17/13
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Dear mr. Ganga and Ganapathi,
 
there is no such practice and the said Agreement is valid at first instance. However, for current dated stamp paper you need to put same date as execution date or a later date.
 
Hope its clears
 
 
 
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CS Bharatraj Panchal
Asst. Company Secretary
D F Power Systems Private Limited
Bangalore
 

Bharatraj Panchal

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Sep 17, 2013, 11:53:18 AM9/17/13
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I wish to add the Agreement is invalid at first instance.

pvr...@gmail.com

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Sep 17, 2013, 12:04:40 PM9/17/13
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Dear mr.Ganapati,
The validity of the agreement takes effect from date of purchase as mentioned on the stamp paper .
It cannot be 'executed' as on a later date although wherever applicable & lawfully permissible, certain past acts may be ratified by such an agreement . In certain clauses,retrospective effect of a deed may be legally valid too.
Also, only parties to the agreement may have their names specified on the stamp papers @ time of purchase.
Certain States (Delhi,for instance) have categorised general heads of agreements which is entered at time of sale of the stamp papers.
Best,
PVR
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From: Bharatraj Panchal <bhara...@gmail.com>
Date: Tue, 17 Sep 2013 21:22:05 +0530
Subject: Re: [CSMysore] Can an agreement take retrospective effect if the stamp paper is purchased at a later date?

ALOK TRIPATHI

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Sep 17, 2013, 12:15:03 PM9/17/13
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Dear

You can execute (execute means all legal formality related to document is completed) the agreement only from the date of stamp paper or any further date whether it is beyond the period of six month but you can
make the agreement effective from back date also.


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pvr...@gmail.com

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Sep 17, 2013, 12:22:37 PM9/17/13
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Dear mr.Ganapati,
The validity of the agreement takes effect from date of purchase as mentioned on the stamp paper .
It cannot be 'executed' as on a later date although wherever applicable & lawfully permissible, certain past acts may be ratified by such an agreement . In certain clauses,retrospective effect of a deed may be legally valid too.
Also, only parties to the agreement may have their names specified on the stamp papers @ time of purchase.
Certain States (Delhi,for instance) have categorised general heads of agreements which is entered at time of sale of the stamp papers.
Best,
PVR
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From: Bharatraj Panchal <bhara...@gmail.com>
Date: Tue, 17 Sep 2013 21:22:05 +0530
Subject: Re: [CSMysore] Can an agreement take retrospective effect if the stamp paper is purchased at a later date?

priya stalin

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Sep 18, 2013, 2:45:31 AM9/18/13
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Buy old stamp  paper and use it. As a practice of  law, you cannot do this by purchasing new stamp paper and putting old dated agreement. It is legally questionable and not valid.



Regards


On Tue, Sep 17, 2013 at 3:49 PM, Ganapati Ghatti <ganapat...@gmail.com> wrote:

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S. PRIYA STALIN
Advocate

pvr...@gmail.com

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Sep 18, 2013, 2:54:48 AM9/18/13
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You cannot 'buy' old paper any longer under post-telgi regime. Gone are those days of sharp practices.
Best,

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santhosh kumar

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Sep 17, 2013, 6:29:33 AM9/17/13
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no u cont.  you need to mention either present date or near future date.

if you have old stamp paper... they you can play the way you want.


On Tue, Sep 17, 2013 at 3:49 PM, Ganapati Ghatti <ganapat...@gmail.com> wrote:

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Kiran T

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Sep 18, 2013, 7:12:46 AM9/18/13
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Dear All,

There are two important things here:

  1. Date of execution of the agreement and
  2. Agreement commencement date.

Date of execution of the agreement cannot be prior to the date of stamping (whether e-stamping or franking). This date has to be the date of stamping or later date.

However agreement commencement date can be prior to date of stamping or it can be future date also.

For understanding, 

Date of execution is the date on which the agreement is signed and it is usually stated at the top of the agreement under the title of the agreement.

Agreement commencement date is the actual date when the scope of the agreement starts. This date can be prior to execution date or future date.


Regards

Kiran.T

ALOK TRIPATHI

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Sep 18, 2013, 10:04:06 AM9/18/13
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Dear Kiran

As per legal point of view your view is correct.

Regds / Alok

Ganapati Ghatti

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Sep 21, 2013, 9:43:56 AM9/21/13
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Dear ALL,
 
Thank you very much for your valuable suggestions and discussion.  

pvr...@gmail.com

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Sep 21, 2013, 9:51:23 AM9/21/13
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Mr.Ganapati,
Hope you took note of my two replies.
Best,
PVR
Supreme Court AC
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From: Ganapati Ghatti <ganapat...@gmail.com>
Date: Sat, 21 Sep 2013 19:13:56 +0530
Subject: Re: [CSMysore] Can an agreement take retrospective effect if the stamp paper is purchased at a later date?

Ganapati Ghatti

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Sep 21, 2013, 9:58:39 AM9/21/13
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Yes Sir,
 
Its note worthy and I did that. Thank u :)

pvr...@gmail.com

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Sep 21, 2013, 10:09:20 AM9/21/13
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Good for you,
All the best!

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From: Ganapati Ghatti <ganapat...@gmail.com>
Date: Sat, 21 Sep 2013 19:28:39 +0530
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