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Can government accept Stamp Duty on 33 years Old Stamp Paper


31-Mar-2023 (In Documentation Law)

A unregistered Sale Deed ,is Signed 33 years back ,In 1982 That too on Rs 5 stamp paper,And Stamp Duty is Paid in 2015 ,with 10 times Penalty . My Question is Legally Correct for the Government to accept Stamp Duty on 33 yrs Old Stamp Paper,Signed 33 yrs Back.. Still the Sale Deed is not yet Registered.Can we Stop to execute the Sale deed ? If yes ..On what Context ?

Answers (1)

Answer #1
142 votes

Indian Stamp Act, 1899 prescribes that the stamp duty has to be paid before or at the time of execution of instrument. Execution means signing of the document in question. So, it is clear that the stamp duty has to be paid before signing of the document since it is not practically possible to pay while signing the document.  As per Indian Stamp Act, 1899, the parties can come forward to pay the deficit stamp duty on the instrument/document within one year from the date of execution (signing).  If any deficitly stamped instrument/document is presented before any public officer or civil court, then such public officer or court will impound (hold) the instrument. Such instrument will not be taken as evidence unless proper stamp duty is paid along with the penalty. The courts should collect 10 times of penalty.

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