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Stamp paper has no validity period

G Binani
Stamp Papers Have No Expiration in India, Except in Maharashtra and Gujarat Due to Local Laws, per Section 54. According to a 2008 Supreme Court judgment, stamp papers in India do not have an expiration period under the Indian Stamp Act, 1899. Section 54 of the Act allows for a refund of unused stamp paper if surrendered within six months, but does not mandate use within this timeframe. However, Maharashtra and Gujarat have specific laws that consider stamp papers invalid if not used or surrendered within six months. These state-specific provisions override the general rule established by the Supreme Court for those regions. (AI Summary)

Brief: According to Supreme Court judgement dated 19/02/2008 in the case of THIRUVENGADA PILLAI VERSUS NAVANEETHAMMAL & ANR. [2008 (2) TMI 391 - SUPREME COURT] THE STAMP PAPERS DO NOT HAVE ANY EXPIRY PERIOD. 

Citation: Thiruvengada Pillai Vs Navaneethammal and Anr. Judgment: According to that judgment dated 19/02/2008 in the case of Thiruvengada Pillai Vs Navaneethammal and Anr, the stamp papers do not have any expiry period. 

Relevant extract from SC Judgment is reproduced herein below: 

'The Indian Stamp Act, 1899 nowhere prescribes any expiry date for use of a stamp paper. Section 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 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 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. Section 54 does not require the person who has purchased a stamp paper, to use it within six months. Therefore, there is no impediment for a stamp paper purchased more than six months prior to the proposed date of execution, being used for a document.

But Maharashtra and Gujarat are the two states which have specific provisions stating that if a stamp is not used or surrendered back within six months of the date of issuing them, they will be treated as expired. Section 52B(b) of The Maharashtra Stamp Act (see here) and Section 52C of Bombay Stamp (Gujarat Amendment) Act, 2016 states that if any stamp has been purchased and it is neither used nor any allowances are claimed on it within a period of six months, it will be treated as invalid.

 

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