Conclusion: Non-judicial stamp documents carry some probative value, but they largely depend on the nature of the transaction and where the transactions are made, such as when furniture or real estate documents. B a sales letter, although made and stamped on a non-judicial stamp document, must also be notarized and registered at the local registry office in accordance with the law, there is a similar provision for rental. Thus, stamp papers are an important part of the judicial and extrajudicial functioning of society. However, every time such agreements are to be implemented, the implementation of an agreement on stamp paper takes time, laborious and, therefore, in practice. Clearly, these lawsuits are increasing and delaying in litigation and additional business costs, so it is always advisable to enter into agreements on stamp paper by paying the necessary obligation. The Indian Stamp Act, 1899 deals with the registration of agreements/documents in India. The stamp of agreements and documents is desirable because it guarantees legality and validity, applicability and admissibility in the courts, since such agreements can be registered under the 1908 Registration Act, which guarantees its applicability. Commitment and legal sanctions are essential to any agreement to survive in a democratic state and, to that end, agreements are written/typed as part of an agreement between the parties on a sheet of paper that has some value in the eyes of the law expressly sanctioned by the State for that purpose. The Indian Stamp Act defines the stamp as “stamp” refers to any mark, seal or approval by an agency or person duly authorized by the state government and contains a glue used for customs purposes that are paid for under this Act.14 different varieties of stamp paper are available in 10 denominations.
For each type of transaction, a certain amount of stamp duty is set by the state. Different states apply different stamp duty for another transaction. For example, the government sets stamp duty for each item and levies stamp duty revenue. The only discrepancy in an unmarked agreement is to produce an unmarked agreement 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. The Indian Registration Act provides for the registration of documents and thus records the contents of the document. Registration is necessary to preserve evidence and titles.
There are certain agreements mentioned in Section 17 of the Indian Registration Act, which must be forcibly registered and therefore cannot be made without stamp paper. Some of them, as lawyers, often ask us 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.