Urgent clarification reqd

[Narayan S]

Dear Members

 

Can an agreement commencement date precede the Stamp paper date?

 

In other words I type an agreement date as 1st July 2010 in a 100 Rs. stamp paper purchased on 1st August 2010. The end page of the agreement is being signed by both the parties on 1st August 2010. The agreement is made to apply retrospectively.

 

As far I have seen the Indian Stamp Act there is no provision which prohibits the above scenerio.

 

Anyone please clarify the above preposition and also if you have any case law supporting the above please provide the same.

Regards
S.Narayan

[மதன் குமார் (Madhankumar)]

Dear Narayanan,

      date of agreement should be greater than or equal to the date mentioned in the stamp paper.

By

M.Madhankumar

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[CS.Omkar]

Dear Mr. Narayan,

 

You are right. Agreement can be given effect retrospectively (Prior to stamp paper date) and the same shall be mentined specifically like "This agreement is effective from ____ date". But please ensure that execution date is on or after Stamp paper date.

 

Regards...Omkar

On Wed, Oct 20, 2010 at 3:25 PM, Narayan S <naraya...@gmail.com> wrote:

[மதன் குமார் (Madhankumar)]

Dear Omkar

           could you pls explain me your answer.  i could find that the first part of your answer is contradictory to the other part.

[CS.Omkar]

Dear Mr. Madankumar,

 

1st part speaks about "effective date", which can be any date agreed by and between the parties to give effect to the terms of their arrangement.Same needs to be mentioned in specific.

 

2nd part speaks about "execution date", which is a date on which the agreement is actually signed by the parties. This date shall be on or after the stamp paper date.

 

Hope this clarifies.

 

Regards...Omkar

2010/10/20 மதன் குமார் (Madhankumar) <madha...@gmail.com>

[Vivek Aggarwal]

Dear Narayan

Yes an agreement can be made effective from a previous date & there is no bar to it.

Regards
CS Vivek Aggarwal

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From: Narayan S <naraya...@gmail.com>
To: csmy...@googlegroups.com
Sent: Wed, 20 October, 2010 3:25:35 PM
Subject: [CSMysore] Urgent clarification reqd

[Vivek Aggarwal]

Dear Madhan Kumar

I agree with Mr. Omkar.

He means to say that the date of Stamp Paper should be the same or later than the date of signing of the agreement but the effective date of the agreement can be earlier than the date of Stamp Paper.

Regards
CS Vivek Aggarwal

---

From: மதன் குமார் (Madhankumar) <madha...@gmail.com>
To: csmy...@googlegroups.com
Sent: Wed, 20 October, 2010 4:23:11 PM
Subject: Re: [CSMysore] Urgent clarification reqd

[VIJAY SHYAM ACHARYA]

The date of the Agreement/ signing date as mentioned in the opening sentence of the agreement -   'This Agreement is entered into on this the ___ day of ___ 2010'   or in the last sentence -   'In witness hereof, both parties have signed this agreement on ___' should be the same or later than the stamp paper date.   The agreement could have a clause titled 'Effective Date' which could state that -   This Agreement and all arrangements contemplated herein shall be deemed to have commenced on ____ (Effective Date) and accordingly all acts by the parties hereto, from the Effective Date shall be treated as valid and binding for the purposes of this Agreement.   Such effective date as aforesaid can be a date before the stamp paper date.   Regards, --- On Wed, 10/20/10, Vivek Aggarwal <vivek_...@yahoo.co.in> wrote:

[Narayan S]

Dear Members

 

Thank you all for responding to my query.

 

Regards
Narayan

Regards
S.Narayan

[venkata ramana]

Just saw your query.It is NOT possible to ante-date an agreement on a
stamp-paper.There is no room for individual opinions. Stamp Act is not
to be read in isolation from precedents and procedural laws lasid down
over the ages of judicial history.
Best wishes,
PVR.

On Wed, Oct 20, 2010 at 3:25 PM, Narayan S <naraya...@gmail.com> wrote:

[Vivek Aggarwal]

Dear Venkata

Can you provide any judgment in support of your view for the benefit of all members.

This is being done in the companies across all locations as a normal thing.

Regards
CS Vivek Aggarwal

---

From: venkata ramana <pvr...@gmail.com>
To: csmy...@googlegroups.com
Sent: Thu, 21 October, 2010 9:17:05 PM

Subject: Re: [CSMysore] Urgent clarification reqd