Difference Between Judicial And Non-Judicial Stamp Paper
The stamp paper is a foolscap size paper having printed revenue stamp of specific value such as Rs.10, Rs.20,Rs. 50,Rs.100,Rs.500 etc. by Govt. Generally, all important transactions like buying, selling or renting of any property shall be done on stamp paper.
The stamp paper is also used for giving power of attorney or doing any type of agreements containing financial deals, contracts, affidavits, declaration.
There are 14 different varieties of stamp papers, available in 10 denominations. They are of two kinds: Judicial, used for legal and court work; non-judicial, used for registration of documents, insurance policies etc.
01. Judicial stamp paper
02. Non-judicial stamp paper
Judicial stamp paper:
Judicial stamp papers are generally used for a legal purpose or for court cases. The Judicial stamp papers are also commonly known as court fee stamp paper. The judicial stamp papers are used for payment of court fee in the court to avoid cash transactions. The case may not be admitted without payment of court fees.
Now, when you are lodging any civil plaint or a complaint under the negotiable instruments act, you have to pay court fees which is proportionate to the amount of your claim. now, the clerks cannot be trusted with money which could go to a maximum of 3 lakhs. so in order to avoid this cash transaction, court fe stamp papers are made on which the case no, name of the parties and signature of advocates are put and attached to the end of the plaint
Non-judicial stamp paper:
Non-judicial stamp papers are generally used for documentation like power of attorney, sale deed, rent agreement, affidavits, transfer of immovable property like building, land, mortgage or other important agreements etc.
At present the non-judicial stamp papers of value Rs. 5, Rs. 10, Rs. 20, Rs. 50, Rs. 100, Rs. 500, Rs. 1000, Rs. 5000, Rs. 10000, Rs. 15000, Rs. 20000 and Rs. 25000 are available.
It is advisable to purchase stamp papers from Govt. approved legal stamp vendors.
Parts of Non-Judicial Affidavits
There are five main parts of a Non Judicial Affidavit.
Non Judicial Stamp Paper
Affirmation by Deponent
Assertion of Facts
Verification by the Deponent
Attestation by Notary/Oath Commissioner.
Thus it is mandatory to use stamp paper for creating enforceable documents and that too, you have to use stamps of specified value as prescribed in the stamp act..
Stamp Duty paid in respect of Non-Judicial stamp paper is paid under The Indian Stamp Act, 1899 and Stamp Duty paid in respect of Judicial stamp paper is paid under the Court Fees Act, 1870.
How to pay stamp duty?
There are three ways to pay stamp duty. However, not all states have all three options available. If all methods are available, all are recognised legally and the choice is with the individual(s) concerned. These options are discussed in detail in our article Stamp Paper,Franking and e Stamping.
Using papers bearing impressed stamps (non-judicial stamp paper)
Using the e-stamping facility
Using a franking machine< warrant .