Purchase of stamp paper in one state and Execution in other state---VALID or INVALID???

[jyoti sachdeva]

Dear All

in our case we have registered office at Maharashtra but the directors of the company are in gurgaon.

so can we purchase stamp paper for affidavit purpose in Maharashtra and get it executed and notarised in Gurgaon?

Does there is any legal bar on purchasing of stamp paper in a state and execution in other state?

Kindly guide me.

Thanks in advance.

--
Jyoti Sachdeva
Company Secretary
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[CS A Rengarajan]

one case our director was at delhi and executed the stamp paper and submitted in  tamil nadu  The registered office is at chennai.

There is no bar in my view

regards

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[venkata ramana]

Dear friend,

there is No bar on use of the Non-judicial stamp paper in one state of the country and utilizing it for execution/ notarization/in another State - esp. in the instant case.

The differences exist only in regard to stamp-duty rates which vary from one part of the country [State to State] to another.

A practical-tip though :-

Just be sure that the 'stamp-paper' purchased is valid, genuine and current-dated.

Pamarty VenkataRamana .

Advocate,Supreme Court .

On Wed, Aug 18, 2010 at 7:05 PM, jyoti sachdeva <csj...@gmail.com> wrote:

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[CS A Rengarajan]

Stamp paper once purchased and it is valid throughout its period.  Last year Hon'ble Supreme Court has given its verdit.  I don't think even we can use old dated also unless it is not damaged 

Best Regards

[CS A Rengarajan]

There is small correction that stamp paper once purchased  there is no restriction for time limit to use. This is last year judgement of Hon'ble Supreme Court of India. We can use old dated stamp paper also provided it is not damaged .

Best Regards.

[venkata ramana]

stamp papers post-telgi scam alone may be used. all previous ones are invalid under law.

[Veeraiah S]

Hi guys,

 

Thanks for your views. This information very much useful.

 

Regards

Veeraiah.S

[venkata ramana]

utility aside, the info.is the Law of the land my dear friend.

[kumar basant]

Dear Venkat

You said that stamp papers post-telgi scam alone may be used. all previous ones are invalid under law.

Is there any judgment in this regard. 

Regards

Kumar Basant Bhagirathi

[Vivek Aggarwal]

Dear Jyoti

There is a practical difficulty that satmp duty rates are different in all states. Many states are also having their separate Stamp Acts. So in your case, the stamp paper of maharashtra may not be considered valid in Haryana.

 

Views of other members are invited on this.

Regards

CS Vivek Aggarwal

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From: jyoti sachdeva <csj...@gmail.com>
To: csmy...@googlegroups.com
Sent: Wed, 18 August, 2010 7:05:31 PM
Subject: [CSMysore] Purchase of stamp paper in one state and Execution in other state---VALID or INVALID???

[Prabha MJ]

I agree with Mr. Vivek .   As the duty payable differes state wise, it is better to buy the stamp papers at the place where you intend to excute.

 

Regards

Prabha.J

[CS A Rengarajan]

Dear Sir

Is there any notification that we should use only post telgi stamp papers.  The problem is that you can't identify which is original or which is duplicate. The stamp act no where says validity of stamp papers

Now my view, as long as it is genuine stamp paper even if it is pre telgi scam, we can use it.

I think you are telling for to avoid risk aspects. If it is risk aspects  then it is ok.  As per stamp act no where provides about validity of stamp paper.  The act provides only to get refund , the time period is six months.,

Contrary view solicited.

Regards

On Thu, Aug 19, 2010 at 7:26 AM, venkata ramana <pvr...@gmail.com> wrote:

[venkata ramana]

You can purchase and use so long as it is genuine and of the applicable rate of stamp-duty .

On Wed, Aug 18, 2010 at 7:05 PM, jyoti sachdeva <csj...@gmail.com> wrote:

--

[venkata ramana]

Yes .The period of validity is six months from the date mentioned on the paper as being the 'date of purchase'.

[venkata ramana]

Dear Sir,
As you are aware,there was a major scam unearthed in our country a few years ago and the master-mind was a person named Telgi .In its wake, several heads rolled including ex-IPS  officers, Ministers,etc.More importantly, with a view to control and prevent further abuse ,misuse and violation of the Stamp papers printed fraudulently by certain anti-social elements, the court directed that newer methods of fool-proof printing,sale and distribution be evolved by respective State Governments.
As a result, you have one method and source of purchasing these in the State of Tamilnadu whereas in Karnataka it is sold only through certain Banks' counters. In Maharastra ,Delhi ,A.P.,Gujarat,etc.the system for sale /purchase is regulated differently.
Coming to the main issue, take care to not purchase any N.J.S.-paper of a date prior to 2000[since a Learned Member had indicated that old papers could be used, it was essential to bring this point out].
Hope it is clear for the purpose of our discussion and topic on hand.
Stamp Act strict sensu does not cover any provision regarding 'validity' or genuineness o' of stamp-papers used in execution of documents[the Britishers had no idea of such future possibilities when the Act was first enacted pre-Independent India and later legislators hardly find the time nor attention required to incorporate such vital clauses].
Be that as it may, the Indian Penal Code makes sufficient covering provisions which govern such an aspect of Stamp papers used .
Due care needs to be taken to ascertain the genuineness of stamp-papers purchased .Do buy through Govt-authorized counters/ vendors/bodies.
Best Wishes,
PVR.