• Conveyance deed registered in 1974 on stamp paper which is more than 6 months old

Hi
My grandfather had purchased a land in 1974 which has been executed and registered in 1974 in Mumbai. It has come to our notice now that the stamp paper used by the lawyer is dtd 1967. As per Bombay stamp Act, validity of stamp paper is of 6 months only. But the registrar has regd this document in 1974. I want to know

1. Is the agreement invalid and my grandfather has not received the right in property ownership
2. We have an ongoing suit on the said land, will it affect grandfather's title. Although the deed is regd but stamp paper is invalid
3. Can any document be executed now to make the document valid. Grandfather has passed away and whereabout of the seller is not known
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Stamp paper cannot be of 1967 if agreement executed in 1974 

 

2) validity of stamp paper is  of 6 months only 

 

3) 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.

 

4) deed of confirmation can be executed by seller in your favour 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

If seller is not traceable no deed of confirmation can be executed 

 

2) you can engage a detective agency to trace the seller 

 

3) even if agreement is accepted by registrar you will face problems when you seek to sell the property 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

If the sale agreement is registered and got transferred on your grandfather name. As per limitations act, the issue is more than 30 years so here revenue department do not took any objections on it. Any its non judicial stamp papers. Because it stamp fees paid at that time via stamp papers.

 

So you can inherit the property on your names.

 

Kindly provide further all mutation papers and agreement for reviews for better output of consultation.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. See the stamp paper and duty paid is not valid same can be disputed.

2. See the deed is registered so the court may take it as proof of transaction and may pass favourable.order.

3. Declaration suit before the court is only option if whereabouts of seller are unknown.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See you have to file before court to seek order on title of.prpeprty.The legal heirs of grand father has to file.same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Stamp paper has no limitation period or expiry date. A stamp paper can be used at any time after purchase of it.

Agreement valid.

Registered sale deed, presumption of valid transfer of ownerhsip. No other document require.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1. Stamp paper validity is for life. Only for refund of unused stamp paper the validity is 6 months. 

2. It's not invalid. 

3. No

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Only under Section 52 B(a) of The Bombay Stamp Act 1958, prescribed the period of six months from the date of purchase of Stamp Paper or delivery of Stamp Paper after which the Stamps become invalid and it can't be used after that.

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.”

1. With reference to the above context the agreement cannot be rendered invalid and the registration of the property at a later date beyond 6 months period can be termed as legally valid execution.

2. Dont, worry about its validity, you can quote the above provisions of law to establish its validity.

3. It may not be possible to execute any document at this stage when the transaction took place around four decades ago.

.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

In my opinion, the registration is legally valid, hence your fears about it is unnecessary. 

In the case of  Thiruvengada Pillai vs Navaneethammal & Anr passed on 19 February, 2008 by the bench Bench: R V Raveendran, P. Sathasivam (2008 (4) SCC 530). The Hon’ble Supreme Court said that, “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.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

1. Is the agreement invalid and my grandfather has not received the right in property ownership
Answer: Has the stamp duty being paid accurate? Does the document have a registered stamp on it? If yes, then it is valid document.

2. We have an ongoing suit on the said land, will it affect grandfather's title. Although the deed is regd but stamp paper is invalid
Answer: The stamp act no where mentions that the stamp cannot be used after 6 months. The stamp act only mentions that, the refund of the stamp paper is invalid after 6 months;

3. Can any document be executed now to make the document valid. Grandfather has passed away and whereabout of the seller is not known

Answer: You must consult a local lawyer, discuss all facts and then take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If the registration of property was done without any objection from sub registrar then the agreement is considered as valid instrument.

No it will not affect the title of your grandfather if no objection on validity of stamp paper was claimed by any aggrieved party. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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