E-Stamp Paper Bought in Wrong Name in Uttarakhand: What to Do

From the Indian Stamp Act, 1899, a Supreme Court judgment of 2008, and Delhi High Court judgments, as reported. Delhi's rulings are given for their reasoning. Ask the Collector here how they are applied.

The Act is about duty paid, not spelling. A wrong name is a problem because the office that receives the instrument may not accept it, and a wrong certificate cannot be quietly corrected.

The second is the one to stop at once. A deed printed on a certificate naming the wrong parties is a poor foundation for a property.

Step 1: Read the certificate before you leave the counter

The purchaser, the first party, the second party, the purpose and the amount.

Step 2: Compare each name with the identity paper of that person

Letter by letter. A vendor types what he hears.

Step 3: If it is wrong and the instrument is not yet written, stop

Do not print a deed or an affidavit on it.

Step 4: For a small affidavit stamp, buy a fresh one

A refund of a few rupees is rarely worth an application.

Step 5: For a large stamp, ask the vendor whether it can be cancelled the same day

Practice varies. Ask before you assume.

Step 6: Otherwise apply to the Collector of stamps for a refund, in time

With the original certificate, an affidavit that it was not used, and identity papers.

Step 7: Buy a fresh certificate in the right names

And read it again at the counter.

Step 8: Keep the original wrong certificate safe until the refund is settled

A refund is not given without the original.

• A sale, gift, partition or lease deed may carry a stamp of large value.
• The parties' names on the certificate should be those in the deed, as on their identity papers.
• A registering office reads the deed, the stamp and the identity papers together.
• Where a name is loose, ask the office before the deed is printed whether it will accept the certificate.
• If not, apply for a refund of the large stamp, and buy one in the right names.
• Do not print the deed first and ask afterwards. A printed stamp is harder to recover.

Read name change in property documents, gift deed name mismatch, partition deed name mismatch and rent agreement name mismatch.

• A certificate bought for a deal that never happened is a stamp not required for use.
• Section 54 lets the purchaser seek an allowance within six months of purchase.
• The Supreme Court held in 2008 that a stamp can be used after six months. The six months limit only the refund.
• A lost certificate is harder. The Delhi High Court held in a 2016 case that it could be treated as spoiled and refunded, after an enquiry.
• Report a loss promptly, with the certificate number and the receipt.
• Any certificate can be verified by its number on the issuing agency's site. Keep a photograph of every one you buy.

Read power of attorney name mismatch and will and probate name mismatch, two more instruments that start on a stamp.

Step 1: Confirm that your own name has in fact changed

A vendor's typing slip on a stamp is not a change of name.

Step 2: Remember the stamp paper for the affidavit

The affidavit for a change of name is printed on stamp paper. Buy it in your present name, as on your identity paper.

Step 3: Fix the exact new name

The spelling that will go on Aadhaar and every later paper.

Step 4: Make the affidavit and publish the newspaper notice

Sign before a notary. Publish in a daily local leading newspaper, and keep the original newspaper.

Step 5: Type the form and sign the undertaking

Two typed copies of the specimen, signed in your old name with two witnesses, and the undertaking.

Step 6: Prepare the CD, photographs and certificate

The same text on a CD in MS Word, two self-attested photographs with identity proof, and a certificate that both copies match.

Step 7: Pay the charge on BharatKosh

Commonly Rs 1,100 for an adult. It is not refunded.

Step 8: Send the file yourself, then use the new name on later stamps

Send it to the Controller of Publications, Department of Publication, Civil Lines, Delhi 110054.

See gazette name change in Uttarakhand.

A typical case we handle: a man in Dehradun bought an e-stamp certificate for a name change affidavit. The vendor typed "Mohd Arif", his name as spoken. His Aadhaar read "Mohammad Arif Khan". He asked us whether the affidavit would still serve. We told him to buy a fresh stamp in his full name, since the affidavit is the paper that states his names. The first stamp was of small value, and he did not trouble to seek a refund. This is an illustrative example of the type of case we handle, not a named client review.

What is a lawyer's job, not ours

A refund of a large stamp that has been refused, a deed already registered on a wrong certificate, and a dispute between the parties.

When you do not need us

For a stamp bought in a wrong name. The vendor and the Collector of stamps settle that. We are useful only where a person has changed a name by choice and a Gazette notification is asked for.

Can I use an e-stamp paper with a wrong name?

For a deed, ask the office first. For an affidavit, buy a fresh one.

How do I get a refund for an e-stamp paper?

Apply to the Collector of stamps with the original.

What is the time limit for an e-stamp refund?

Six months, as the Stamp Act provides.

Does e-stamp paper expire?

No. The six months limit only the refund.

Is a gazette needed for an e-stamp paper bought in wrong name?

No.

Can a vendor correct the name on an e-stamp?

Ask at once. Do not use it meanwhile.

When did Uttarakhand start e-stamping?

In March 2012, as the ninth state to do so, with the Stock Holding Corporation of India. The first phase covered Dehradun, Haridwar, Udham Singh Nagar and Nainital.

How do I verify an e-stamp certificate?

On shcilestamp.com, by entering the state, the certificate number, the stamp duty type and the issue date, or by scanning the QR code on the certificate. Check that the names it returns are the names you need.

What is the UIN on an e-stamp?

The Unique Identification Number printed on each certificate. Anyone with it can check the certificate's authenticity online. Note it, and keep a photograph of the certificate.

Can SHCIL cancel a certificate once generated?

SHCIL's own answer refers buyers to the Stamp Act in force in their state. So a refund is sought from the state's stamp authority, the Collector, not from SHCIL.

What if the stamp duty paid was too little?

SHCIL's answers say an additional stamp duty certificate can be bought for the amount short. Its names should match the first certificate and the instrument.

Is a refund paid less a deduction?

Reports say refunds in Delhi and Uttar Pradesh carry a 10 per cent deduction. Ask the Collector of stamps here what applies in Uttarakhand.