Non Judicial Stamp Paper Don’t have any Expiry Period: Supreme Court

According to a recent Hon’ble Supreme Court Judgement dated 19-02-2008 in the case of Thiruvengada Pillai vs. Navaneethammal and Anr., the stamp papers do not have any kind of expiry period. Relevant extract from Hon’ble Apex Court judgement is reproduced herein below:

According to the The Indian Stamp Act, 1899, nowhere prescribes any expiry date for use of a stamp paper. Section of this act 54 merely provides that a person possessing a stamp paper for which he has no immediate use (which is not spoiled or rendered unfit or useless), can seek refund of the value thereof by surrendering such kind of stamp paper to the Collector provided it was purchased within the period of six months next preceding the date on which it was so surrendered.

The stipulation of the period of 6 months prescribed in Section 54 of this act is only for the purpose of seeking refund of the value of the unused stamp paper, and not for use of the non judicial stamp paper. Section 54 of this act does not require the person who has purchased a stamp paper, to use it within six months. Therefore, there is no impediment for a non judicial stamp paper purchased more than 6 months prior to the proposed date of execution, being used for a document.

Md Sahabuddin Mondal

Junior Advocate, Calcutta High Court

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