Is payment of e stamp legally enforceable

648 votes

Yes, a digitally singed agreement is enforceable. but you need to get the signature affixed on the e-stamp as well. You cannot buy a Karnataka e-stamp paper in Delhi. Yes, an agent can buy e-stamp paper on behalf of a party as long as the name of the party is mentioned in the e-stamp paper. You do not need any part of the agreement to be printed on it, but it does have to be signed by both parties.

Advocate Angad Mehta LawRato

982 votes

The Indian Government introduced e-stamping to tackle counterfeiting and make the payment of stamp duty easier and glitch free. In fact, in certain states, such as Delhi, all stamp duty needs to be paid through e-stamping. So paying e-stamp for electronic agreement is indeed legally enforceable. Information Technology Act, 2000 legally recognises electronic documents and records and digital signatures.First, you will have to go to the SHCIL website, www.shcilestamp.com, and check if your state government allows e-stamping. The site also has information on which transactions require stamping and addresses of collection centres. If the option is available in your state, you will have to fill an application form at an ACC. The application form should have details of the parties involved and the transaction for which it is to be used. This form is to be submitted along with payment for the stamp certificate. You can pay in currency or use a cheque or demand draft if it is done at the ACC.

No, Karnataka Government e-stamp cannot be bought in Delhi. For that contact a local lawyer practicing in Bangalore or anywhere else in the State of Karnataka. Yes, an agent can buy e-stamp on behalf of parties provided that the name of the party is mentioned in the stamp paper. To be on the safe side, purchase should be in the name of the party. It is not necessary to print the agreement or a part of it on the e-stamp paper. However, the agreement must be signed by both the parties, only then it would be considered as valid, which is the basic requirement of any written agreement be it traditional or electronic. I hope this puts your doubts to rest.

LawRato LawRato