Section 17 of the Stamp Act specifies when an instrument must be stamped. It says that we receive our agreements from the bank and that the signatories physically sign the document in question. Now that we have received Class 2 e-signatures from our signatories, how are we going to execute the digital signature francization documents? We are in Ahmedabad, Gujarat. As lawyers, we are often asked whether agreements that are not made on stamp paper are invalid and unenforceable. The answer is a simple “NO.” Agreements can be made either on a stamp paper or in a non-buffer document. While agreement has been reached on a document without stamps, certain legal aspects must be respected. This article establishes the validity of unstamped agreements and delves into the legal and technical consequences of unmarked agreements. 17. Instruments executed in India – All instruments rendered and executed by a person in India with a dementer are stamped before or at the time of execution. As has already been said, an electronic agreement must be stamped under national stamp legislation. Section 3 of the Indian Stamp Act and stamp legislation in several other Indian states stipulate that an instrument to be calculated with stamp duty must be “executed.” Section 3 of the Stamp Act is the section that provides for the collection of stamp duty on certain instruments when it is executed. The corresponding provision in Section 3 is reproduced below: within the meaning of India`s stamp law and most national stamp duty laws, instruments that can be labelled with stamp duty constitute inadmissible evidence in the event that an appropriate stamp duty has not been paid.
Section 35 of the Indian Stamp Act deals with the consequences of not stamping documents. It says that the only mismatch of an unstamped agreement is to produce an unmarked agreement in evidence in court. Section 35 of the Stamp Act de qualifies a document that does not have the necessary stamp duty in court as inadmissible. However, there are exceptions to this provision and do not completely negate the right of the parties to apply such an unstamped agreement. Under this section, an unstamped agreement may be authorized in court by paying the deficit stamp duty at the same time as a penalty, i.e. an amount varying from state to state. In the event of a deficit and penalty, the agreement is deemed to be fully stamped. (3) Taxable instruments – Subject to the provisions of this Act and the exemptions contained in Schedule I, the following instruments are collected in the tax, up to the amount indicated in this appendix as a correct tax, i.e. in India, stamp duty under the Stamp Act, 1899  (“Stamp Act”), as well as any other legislation passed by various Indian states regarding the collection of stamp duty[ 2]. Any instrument under which duties are created or transferred must be stamped under the specific stamp duty legislation. The Stamps Act does not contain any specific provisions specifically relating to electronic registrations and/or stamp duty payable when they are carried out. Anyone who executes or signs all instruments that are not properly stamped but are subject to stamp duty may be held responsible for fines.
In the event of a deliberate circumvention of stamp duty, criminal liability may also be imposed. Here you can find our information on the validity of electronic contracts.