Stamp duty is paid through the purchase of Stamp paper. The way you purchase Stamp paper varies from state to state in India. In few states, the very convenient e-Stamping system is in place while in some other states, the traditional impressed non-judicial Stamp papers are to be purchased from Stamp vendors.
For your reference, here’s a table of differences between Judicial and Non-Judicial Stamp paper-
- Judicial E-Stamp Paper
Used for payment of court fees. This is also known as court fee Stamp paper.
Used in activities related to Administration of Justice.
Stamp duty paid for Judicial Stamp Paper is paid under the Court Fees Act, 1870.
- Non-Judicial E-Stamp Paper
Used for execution of legal documents.
Used in documents like agreements, transactions related to real estate, power of attorneys etc.
Stamp duty for Non-Judicial Stamp Paper is paid under The Indian Stamp Act, 1899.
At present the non-judicial stamp papers of value INR 5, 10, 20, 50, 100, 500, 1000, 5000, 10000, 15000, 20000 and 25000 are available.
Parts of Non Judicial Affidavits: There are 5 parts of a Non Judicial Affidavit.
- Non Judicial Stamp Paper
- Affirmation by Deponent.
- 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.