Stamping Instruments & Registration

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Questions and Answers

What action can a registering officer take if an unstamped instrument is registered by mistake?

Call for the original instrument, provide a hearing, record reasons, and impound it. (correct)
Ignore the mistake to avoid complications.
Charge the registering officer a fine.
Destroy the instrument immediately.

What happens if a party fails to produce the original unstamped instrument when requested by the registering officer?

The registering officer must pay a fine.
A copy from the registration record is considered the original for impounding. (correct)
The registration is automatically cancelled.
The matter is dropped, and no further action is taken.

Under what condition can an instrument chargeable with duty be admitted as evidence?

If a higher court permits it.
If the instrument has been registered.
If the parties agree to ignore the insufficient stamping.
If it is duly stamped. (correct)

What is required if the instrument is written on stamped paper?

The stamp paper must be purchased in the name of one of the parties to the instrument. (D) Signup and view all the answers

Who has the authority to impound an instrument that is not duly stamped?

The registering officer. (A) Signup and view all the answers

What must the registering officer do before impounding an unstamped instrument?

Give the party a hearing, record the reasons in writing, and furnish a copy to the party. (D) Signup and view all the answers

What is the consequence of not duly stamping an instrument?

It shall not be admitted in evidence or acted upon by any authority. (A) Signup and view all the answers

In the context of unstamped instruments, what does 'opportunity of being heard' imply?

The party has the chance to present their case regarding the stamping issue. (C) Signup and view all the answers

Why is it important for the registering officer to record the reasons in writing before impounding an instrument?

To maintain transparency and provide grounds for the decision. (C) Signup and view all the answers

When can an instrument be registered even if it is not duly stamped?

It can never be registered if not duly stamped. (B) Signup and view all the answers

What is the purpose of impounding an instrument?

To address a deficiency in stamping and ensure compliance. (B) Signup and view all the answers

Which document serves as the original for impounding purposes if the original instrument is not produced?

A true copy from the registration record. (D) Signup and view all the answers

What authority does a person need to receive evidence related to a dutiable instrument?

Authority granted by law or consent of parties. (A) Signup and view all the answers

Why is purchasing stamp paper in the name of one of the parties important?

It avoids legal complications regarding ownership and responsibility. (C) Signup and view all the answers

Who determines whether an instrument is duly stamped?

The registering officer or any person authorized to receive evidence. (B) Signup and view all the answers

Flashcards

Impounding of instrument after registration

If an unstamped instrument is registered by mistake, the registering officer can request the original, hear the party, record reasons, provide a copy, and then impound it.

Inadmissible Instruments

An instrument is inadmissible in evidence unless it is duly stamped and the stamp paper is purchased in the name of one of the parties to the instrument.

Study Notes

If an unstamped instrument is mistakenly registered, the registering officer can request the original from the concerned party.
The party will be given a chance to be heard, with reasons recorded in writing and a copy furnished to them before the instrument is impounded.
If the original instrument isn't produced, a true copy from the registration record is considered the original for impounding purposes.
Instruments that are chargeable with duty must be duly stamped to be admitted as evidence.
Individuals authorized to receive evidence, whether by law or consent, cannot act upon, register, or authenticate unstamped instruments.
Public officers also cannot act upon, register, or authenticate unstamped instruments.
If an instrument is written on impressed stamp paper, the stamp paper must be purchased in the name of one of the parties to the instrument.

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