Is rupees 20 Stamp paper agreement valid to do.
07-Jan-2025 (In Civil Law)
Hi,
I met a person who does business in stock market 50% profit sharing. He said he is ready to do agreement on stamp paper which will say if there is a profit I will give him 50% profit and if there is a loss he will give me 50% loss amount.
My question is that is it correct thing to do an 20 rupees stamp paper agreement of this type so that if I don't share profit with him he can file a case on me and if he don't give me the lost amount I can file a case on him.
Under Indian law, a 50-50 profit-and-loss sharing arrangement is permissible if it satisfies the requirements of a valid contract under the Indian Contract Act, 1872—offer, acceptance, lawful consideration, free consent, and lawful object. However, if this arrangement involves regulated activities like portfolio management, compliance with SEBI rules is vital.
Stamp duty depends on state laws and the agreement’s value. While lower-value agreements may be executed on INR 20 or INR 50 stamp paper, substantial deals could require higher stamp duty. If insufficiently stamped, it may be inadmissible until deficiency and penalties are paid.
To ensure enforceability, the agreement should define how profits and losses are calculated, payment frequency, and timelines. Breach of contract remedies are available: if one party fails to share profits or cover losses, the aggrieved party can file suit. Key clauses should address dispute resolution, termination, and jurisdiction. Notarization or witness signatures boost credibility.
If the arrangement effectively constitutes portfolio management or advisory services, follow relevant SEBI guidelines. The more specific and clear the contract, the less room for conflict. A properly drafted and stamped agreement ensures enforceability and protects both parties’ interests. Consulting a legal professional can confirm stamp duty compliance and safeguard your rights.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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