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Civil & Property Law

How to Make a Declaration on Stamp Paper

To make a declaration on stamp paper you buy the stamp of the value the state schedule fixes from a licensed stamp vendor or the treasury - or pay the e-stamp where the state uses it - write the declaration on it or on a sheet to which the stamp is affixed, sign each page before the authority that will attest it, and have it notarised or attested before you submit it. The stamp paper is only the medium; what gives the declaration its weight is your signature and, where the office requires it, the notarial attestation.

Before you start

  • The exact requirement of the office that asked for the declaration - ownership, income, address, no-dues, marital status - and whether it wants stamp paper or plain paper.
  • Photo identity and the supporting documents the declaration refers to.
  • The stamp paper of the correct denomination, or the e-stamp certificate.
  • The declarant in person, and the notary's fee, where an attestation is needed.

Steps

  • 1. Confirm what the office will accept. A declaration on stamp paper, a notarised affidavit and a self-declaration on plain paper are different things, and offices accept different ones. Ask before you buy the stamp.
  • 2. Buy the stamp paper. Purchase from a licensed stamp vendor or the treasury, and insist on the vendor's endorsement on the reverse - the vendor's name, the date and the value. For an e-stamp, download the certificate and use it within the period the state rules allow; an unused stamp can be refunded within the state's time limit.
  • 3. Draft the declaration. Write it in the first person, name yourself and the reason, set out the facts you declare, and close with a clear sentence that you declare them to be true. Keep it to what the office asked; a declaration that strays into other matters invites questions.
  • 4. Sign and date. Sign every page before the officer or notary, and enter the place and date. Do not leave the stamp value, the date or your signature to be filled in later.
  • 5. Get the attestation the office needs. Where a notary is required, sign before him and collect his endorsement and seal; a declaration that is merely signed, without the required attestation, is often returned.
  • 6. Submit, and keep a copy. Photocopy or scan the stamped and attested declaration before you hand it over.

Documents to keep

  • The photocopy or scan of the stamped and attested declaration.
  • The receipt for the stamp paper and, for an e-stamp, the certificate number.
  • The supporting documents the declaration referred to.
  • The notary's receipt and endorsement number where it was attested.

What goes wrong

  • Wrong denomination or plain paper. A declaration the office wanted on stamp paper of a specific value is rejected if it is typed on plain paper or on the wrong stamp.
  • Missing attestation. Where notarisation is required, a bare signature is not enough.
  • Using stale stamp paper. The stamp rules fix a period within which the paper must be used or refunded; an old unused stamp is questioned.
  • Over-declaring. Declaring facts beyond what was asked, especially about income or title, creates a liability if they are later found untrue; a false declaration on stamp paper can invite prosecution as well as rejection.
  • Blanks. An incomplete declaration, with the date or the value left empty, is treated as defective.
  • If a court or tribunal will rely on the statement, check first whether it must instead be sworn before a notary or an oath commissioner, because using the wrong instrument wastes the stamp and the trip.

    Common questions

    Where is stamp paper bought, and how is it produced for use?

    From a licensed stamp vendor or the state treasury, or as an e-stamp certificate where the state has moved online. You write the declaration on it, or on a plain sheet to which the stamp is affixed, and the vendor's endorsement on the reverse shows where and when the stamp was sold. It is then signed and, if required, attested before submission.

    What is the difference between a notarised affidavit and a declaration on stamp paper?

    An affidavit is a sworn statement taken before a notary or an oath commissioner, usually on plain paper with a notarial endorsement. A declaration on stamp paper is a self-declaration executed on the stamp the state schedule requires, and it carries notarial attestation only where the office asks for it. The substance is similar; the form and the officer differ.

    What will agencies accept in place of a stamp-paper declaration?

    Depending on the office: a notarised affidavit, a self-declaration on plain paper with signature and identity proof, an undertaking on the department's own form, or a certificate from the authority that holds the record, such as a municipal or registrar's certificate. Ask the specific office, because the practice varies between banks, universities and government departments.

    What is the difference between a declaration and an affidavit?

    Both state facts. An affidavit is sworn and, if false, exposes the deponent to prosecution; a declaration is a signed statement that may or may not be sworn. Where a court or authority will rely on the statement, use the affidavit; for a routine administrative declaration, stamp paper is usually enough.

    See affidavit drafting in Kolkata and the civil litigation formats for the wording these offices accept, and civil litigation where the matter goes further.

    FileX Advocates & Legal Consultants, Kolkata, drafts declarations, affidavits and the notices that use them, and explains what a given authority will actually accept. Call +91 7439811422 or WhatsApp us with the office that asked for the paper.

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