Legumconsultation law firm

 Biswajit Das

 9 Years Exp

 Exchange Deed (Show More)

 Kamrup , Kahilipara

 View Answers by this Partner (4)

 Profile Views : 22206

Information

Overview

As per provisions contains in Section 118 of Transfer of Property Act, when two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both the things being money only, such a transaction is called an exchange. This definition is not restricted to immovable property only.

Thus, exchange implies, when two separate property owners mutually agree to transfer the ownership rights by exchanging the property. Further, exchange also means exchange of lands and barter of goods too.

If one of the items that has been transferred in money, then it is not an exchange but sale, because sale should always be for a price. But money in one form can be exchanged for money in another.

In case of exchange, the transfer of ownership of one thing is not the price paid or promised to pay, but something else in lieu. For example: if a person transfers a land valued Rs.20,00,000/- to another and in return, the other person transfers a shop valued Rs.18,00,000/- and pay Rs.2,00,000/- in cash, it is an exchange.

This type of exchange transactions can be reduced into writing in the form of Property Exchange Deed. This Exchange Deed document for transfer of property rights need to be registered with the jurisdictional sub Registrar’s Office by paying prescribed stamp duty. While drafting the exchange deed and its registration including the document execution, its presentation and admission utmost care need to be taken, since this is a complex process.


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Name : Biswajit Das

Law Firm Name : Legumconsultation law firm

Country : India

City : Kamrup

State : ASSAM

Practicing Since: 2016

About Your Firm : I practicing in the Hon'ble Gauhati High Court and also appear before other subordinate courts of North Eastern state. I provide services in different fields of law such as constitutional , criminal and civil law, labour law, writs, Bail, Motor vehicle accident claim, cheque dishonor matters, contract law,DRT matters, matrimonial disputes, sale deed and other agreements and documentation drafting.

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 Legal & Drafting

  Utility/Property Payments ( Water Bill Payment )
  Lease/Rental Agreements ( Paying Guest Agreement )
  Legal Opinion (Written) ( Revenue/Other Site )
  Agreements/Deeds ( Release Deed )
  Property & Documents Inspection ( Documents Inspection in Govt Office )
  Procure Revenue Documents ( Copy of Grant Certificate )
  Power of Attorneys ( Revoke/cancel Power of Attorney )
  Lease/Rental Agreements ( Apartment Rental Agreement )
  Packages ( Legal Opinion to Registration (Plot/Site) )
  Affidavits ( Name & Address Affidavits )
  Lease/Rental Agreements ( Leave And Licence )
  Agreements/Deeds ( Agreement of Sale )
  Agreements/Deeds ( Partition Deed )
  Property & Documents Inspection ( Documents Inspection in Builder Office )
  Procure Revenue Documents ( Pahani/RTC )
  Construction Approvals ( Residential )
  Lease/Rental Agreements ( House Rental agreement )
  Packages ( Sale Agreement to Registration (Plot/Site) )
  Agreements/Deeds ( Construction Agreement )
  Affidavits ( Personal Affidavits )
  Lease/Rental Agreements ( NOC From Landlord )
  Agreements/Deeds ( Memorandum of Understanding )
  Property & Documents Inspection ( Fraud & forgery Inspection )
  Procure Revenue Documents ( Mutation )
  Construction Approvals ( Commercial )
  Lease/Rental Agreements ( Commercial Office Rental Agreement )
  Packages ( Sale Agreement to Registration (Apartment) )
  Agreements/Deeds ( Sale deed )
  Affidavits ( Student Affidavits )
  Lease/Rental Agreements ( Other Lease/Rental Agreements )
  Agreements/Deeds ( Joint Development Agreement )
  Property & Documents Inspection ( Agriculture Land Inspection )
  Procure Revenue Documents ( Electricity Bill Name Transfer )
  Wills ( Make A will )
  Lease/Rental Agreements ( Commercial Shop Rental Agreement )
  Packages ( Legal Opinion to Registration (Apartment) )
  Agreements/Deeds ( Gift Deed )
  Affidavits ( Passport Affidavits )
  Consultation on Property ( Property Buying )
  Registration Assistance ( Plot )
  Property & Documents Inspection ( Industrial / Commercial Inspection )
  Procure Revenue Documents ( Duplicate/Certified copy of sale deed )
  Wills ( Make A Codicil )
  Lease/Rental Agreements ( Commercial Lease Agreement )
  Legal Opinion (Written) ( Plots )
  Agreements/Deeds ( Sale Agreement/Deed Review )
  Affidavits ( Gas Affidavits )
  Consultation on Property ( Property Selling )
  Registration Assistance ( Apartment )
  Procure Revenue Documents ( Certified copy of revenue document )
  Notary & Attestation Services ( Get A Document Notarised )
  Lease/Rental Agreements ( Residential Lease Agreement )
  Legal Opinion (Written) ( Apartment )
  Agreements/Deeds ( Construction Agreement Review )
  Affidavits ( General Affidavits )
  Procure Revenue Documents ( Encumbrance Certificate )
  Registration Assistance ( Villas )
  Procure Revenue Documents ( Certified copy of registered GPA/SPA )
  Notary & Attestation Services ( Gazetted Officer Attestation )
  Lease/Rental Agreements ( Room Rental Agreement )
  Legal Opinion (Written) ( Villas )
  Agreements/Deeds ( Rectification Deed )
  Affidavits ( Other Affidavits )
  Procure Revenue Documents ( Khata Extract )
  Registration Assistance ( Independent House )
  Procure Revenue Documents ( Certified copy of registered documents )
  Notary & Attestation Services ( Tenant Police Verification )
  Lease/Rental Agreements ( Office Sharing Agreement )
  Legal Opinion (Written) ( Independent House )
  Agreements/Deeds ( Relinquishment deed )
  e-stamp paper ( Get E-stamp paper )
  Procure Revenue Documents ( Khata Certificate )
  Registration Assistance ( Agriculture Land )
  Procure Revenue Documents ( Other Revenue Documents )
  Utility/Property Payments ( Property Tax Payment )
  Lease/Rental Agreements ( Car Parking Agreement )
  Legal Opinion (Written) ( Agriculture Land )
  Agreements/Deeds ( Mortgage Deed )
  Property & Documents Inspection ( Plot/Site Insepction )
  Procure Revenue Documents ( Khata Transfer )
  Power of Attorneys ( General Power of Attorney )
  Registration Assistance ( Commercial Property )
  Utility/Property Payments ( Electricity Bill Payment )
  Lease/Rental Agreements ( Settlement Of Rental Agreement )
  Legal Opinion (Written) ( Commercial Property )
  Agreements/Deeds ( Exchange Deed )
  Property & Documents Inspection ( House/Apartment Inspection )
  Procure Revenue Documents ( Mother Deed Extract )
  Power of Attorneys ( Special Power of Attorney )
  Registration Assistance ( Revenue/Other Site )

Subject :  Registration of property
Question :  Hello, I want advice on property registration. I have flat of 900 super built up area in Patna which I want to sell for Rs 27 lakhs. A buyer has agreed and an agreement has been made accordingly. However as per valuation the value of a property of 900 sq feet in my area is Rs 36 lakhs. Now the buyer wants to register the sale deed at Rs 36 lakhs. As payments will be made to my bank account, what will be the legal aspects and tax problems as payment amount will be Rs 27 lakhs,and I shall have to pay income tax accordingly. Please advice on the course of action to be taken. Thank you

Answer by Legumconsultation law firm :  Yes you have to pay tax on 36 lac. If the buyer is agreed to pay the tax by himself then you can do it otherwise avoid it.

Subject :  Registration of property
Question :  Hello, I want advice on property registration. I have flat of 900 super built up area in Patna which I want to sell for Rs 27 lakhs. A buyer has agreed and an agreement has been made accordingly. However as per valuation the value of a property of 900 sq feet in my area is Rs 36 lakhs. Now the buyer wants to register the sale deed at Rs 36 lakhs. As payments will be made to my bank account, what will be the legal aspects and tax problems as payment amount will be Rs 27 lakhs,and I shall have to pay income tax accordingly. Please advice on the course of action to be taken. Thank you

Answer by Legumconsultation law firm :  Avoid making registration at 36lacs others the whole tax for that amount has to be born by you, until and unless the buyer agree to bear it.

Subject :  Cost of rental agreement
Question :  What is the total cost of rental agreement including stamp paper for rental in Hebbal apartment and how much time to send

Answer by Legumconsultation law firm :  It will be delivered within 48hours and the total charge for this is 950 including stamp and notary. For more detail call

Subject :  Drafting a Will
Question :  Can i specify an under construction property in the Will? The property will be delivered only after a year. But i want to register the Will now by bequeathing my properties to my son. Is that possible?

Answer by Legumconsultation law firm :  Yes it is possible. For more detail you can call me