Agreement without Stamp can be an Evidence in Court?

An agreement without stamp by lawyer (the agreement is not done by lawyer too), but all parties have signed, CAN THIS BE AN EVIDENCE in court? I have read Malaysian Law through the internet, the revised Stamp Act 1949, Page 49 No. 52. from (www.scribd.com/.../stamp-act-1949-revised-1-January-2006).

Few days ago, my lawyer told me: even without stamp is still make no difference. May anyone advise me? Thank you.

Appreciate..

You did not mention what sort of Agreement... But,

You still can get it stamped under Section 47 of Stamp Ordinance, i.e. Stamping of Instruments after execution.

Under Section 43 sub(5a & b) and 47 sub(iii) stated: in all other cases, there shall be payable in addition to the stamp duty, a penalty of twenty-five ringgit or four times the amount of the deficient duty, whichever sum be the greater.

It doesn't matter what agreement/contract it is, as long as it is clearly consist item as below:-

1) Offer
2) Acceptance
3) Time
4) Intention to create legal relations
4) Consideration
5) Certainty
6) Capacity

Evidence in court even though not stamping during creation of the agreement. So just pay with penalty on stamping before go to court.

How much is the penalty on stamping?

How much is the penalty on stamping?
How thick is your bundle of documents?

CAN THIS BE AN EVIDENCE in court?
Personal opinion
Based on my personal experience on my own High Court Case (am defendant).
Under the Evidence Act (for Written Agreements), anyone can tender written private agreements (be it financial loans or even WILLS) without the need of stamping BUT the other side lawyer can always apply to court to set it aside (Bantahan). Any stamping MUST be made before the case is filed in court because the stamping is on current date and not the date where the parties have reached a written agreement years ago.

For critical and important written agreements, do send it for stamping immediately in the event of serious disputes down the winding road a few years later.