What Is The Time Limit To Use Stamp Papers In India?

Validity of stamp paper has always been a matter of confusion in the mind of a person who purchases the same and is not able to use the same within next six months.

According to section 54 of the Indian Stamp Act 1899, if a person does not have the use of the stamp paper, then he can deposit the same with the collector, within six months from the date of purchase and can get the refund of money after a deduction of 10 paise per rupee. Provided that the stamp paper has not been spoiled or rendered unfit or useless for the purpose intended.

It is noteworthy to mention here that the aforesaid section 54 of Indian Stamp Act only talks about the refund in a case when you do not want to use the stamp paper. It is not written anywhere about the validity of stamp papers in Indian Stamp Act 1899, but people start making their own interpretation that stamp paper is valid for 6 months or whatever period, whereas it is just a myth and nothing else.

In reality, you can use the stamp paper at any time whenever you have the requirement as there is no time limit prescribed under the law for the use of stamp paper.

Judgment of Supreme Court On Validity of Stamp Paper

The question arose before Hon'ble Supreme Court for consideration is whether the agreement of sale executed on two stamp papers purchased on different dates and more than six months prior to date of execution is not valid?

Hon'ble Supreme Court in its judgment dated 19-02-2008 passed in the case of Thiruvengada Pillai vs Navaneethammal & Anr has held that 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. 

Further, section 54 of the Indian Stamp Act does not require any person who has purchased a stamp paper to use it within six months. 

Therefore, it is very much clear that you can use the stamp paper at any point of time without any doubt in the mind.

 

Article Written By: Mr. Raman Sharma (CS, LLB, DIM, B.Com)

Contact: barristerramansharma@gmail.com 

 

     

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