Gunjan
gunjan shah
21 Years Exp
Exchange Deed (Show More)
North 24 Parganas , Bidhan Nagar
View Answers by this Partner (8)
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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 : gunjan shah
Law Firm Name : Gunjan
Country : India
City : North 24 Parganas
State : WEST BENGAL
Practicing Since: 2004
About Your Firm : Legal degree with knowledge in Computer Application. A combination of Legal Knowledge and Computer Expertise will help me in performing any Legal Jobs, be it in IT or Non-IT sector with ease and confidence. Practicing as an advocate/private attorney at the Hon’ble High Court, Calcutta, District Courts, Tribunals such as Land Administrative Tribunals, Central and State Administrative Tribunals and Forums including The Consumer Forums and dealing in Arbitration matters, both as representing counsel and also as Arbitrator.
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Legal & Drafting
Procure Revenue Documents ( Mutation )
Agreements/Deeds ( Construction Agreement Review )
Registration Assistance ( Villas )
Lease/Rental Agreements ( Room Rental Agreement )
Legal Opinion (Written) ( Villas )
Power of Attorneys ( General Power of Attorney )
Agreements/Deeds ( Rectification Deed )
Registration Assistance ( Independent House )
Lease/Rental Agreements ( Office Sharing Agreement )
Legal Opinion (Written) ( Independent House )
Power of Attorneys ( Special Power of Attorney )
Agreements/Deeds ( Relinquishment deed )
Registration Assistance ( Agriculture Land )
Lease/Rental Agreements ( Car Parking Agreement )
Legal Opinion (Written) ( Agriculture Land )
Power of Attorneys ( Revoke/cancel Power of Attorney )
Agreements/Deeds ( Mortgage Deed )
Registration Assistance ( Commercial Property )
Lease/Rental Agreements ( Settlement Of Rental Agreement )
Legal Opinion (Written) ( Commercial Property )
Construction Approvals ( Residential )
Agreements/Deeds ( Exchange Deed )
Registration Assistance ( Revenue/Other Site )
Lease/Rental Agreements ( Paying Guest Agreement )
Legal Opinion (Written) ( Revenue/Other Site )
Construction Approvals ( Commercial )
Agreements/Deeds ( Release Deed )
Lease/Rental Agreements ( Apartment Rental Agreement )
Packages ( Legal Opinion to Registration (Plot/Site) )
Lease/Rental Agreements ( Leave And Licence )
Agreements/Deeds ( Agreement of Sale )
Wills ( Make A will )
Agreements/Deeds ( Partition Deed )
Lease/Rental Agreements ( House Rental agreement )
Packages ( Sale Agreement to Registration (Plot/Site) )
Lease/Rental Agreements ( NOC From Landlord )
Agreements/Deeds ( Construction Agreement )
Wills ( Make A Codicil )
Agreements/Deeds ( Memorandum of Understanding )
Lease/Rental Agreements ( Commercial Office Rental Agreement )
Packages ( Sale Agreement to Registration (Apartment) )
Lease/Rental Agreements ( Other Lease/Rental Agreements )
Agreements/Deeds ( Sale deed )
Agreements/Deeds ( Joint Development Agreement )
Notary & Attestation Services ( Get A Document Notarised )
Lease/Rental Agreements ( Commercial Shop Rental Agreement )
Packages ( Legal Opinion to Registration (Apartment) )
Consultation on Property ( Property Buying )
Agreements/Deeds ( Gift Deed )
Registration Assistance ( Plot )
Lease/Rental Agreements ( Commercial Lease Agreement )
Legal Opinion (Written) ( Plots )
Consultation on Property ( Property Selling )
Agreements/Deeds ( Sale Agreement/Deed Review )
Registration Assistance ( Apartment )
Lease/Rental Agreements ( Residential Lease Agreement )
Legal Opinion (Written) ( Apartment )
Subject : Power of attorney of house
Question : My house is on name of my grandmother. There are no any nominee or will or power of attorney of house. There is only dastaveg of house which is on name of my grandmother. But she is no alive. What is the prosidure to make that property on name of my grandfather. There are no any proof of marriage.
Answer by Gunjan : The property becomes vested in the name of your grandfather by way of inheritance. You need not do anything. Just apply for mutation of the property in name of your grandfather.
Subject : construction issues
Question : we are living in an old house which was built many yrs ago( more then 40yrs).we have common walls with our neighbor.Now he is building his house in our area,always trying to prove that he is not doing so nd even he is doing favour leaving his space in between.he is not constructing a straight walls.he has built ground floor taking 3 inches of our space from back and according to that our front is decreased but his size is correct which may be due to the old construction of neighbor next to him.
Answer by Gunjan : If your are aggrieved by the construction, please approach the local Municipality/Panchayat. If you are still not satisfied, you can file a suit for declaration and injunction in the appropriate Civil Court of Law.
Subject : Property Fraud
Question : I purchased 3 non-NA plots from a seller on the condition that he will NA those plots in next 3 months. After 3 months, he started making reasons that the land has some problems. He asked us to wait for some time. Now Its been 7 years and he is giving me the same reason. I requested him to at least pay the money back but he is unnecessarily delaying that for the past 1 year. The seller is neither interested in giving me the plots nor the money back. How can I file a case against that fraudulent seller? Or what could be the best way to recover my money?
Answer by Gunjan : This is a clear case of cheat. Please file a criminal complaint before the local police authority. If your grievances are not solved, then you can approach the local magistrate Court for a direction upon the police to take legal action against that person, so that your money can be recovered.
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 Gunjan : Yes, you are right. Accepting a higher amount of money than you are actually getting means you will be liable to pay long term property taxes upon the excess amount also.
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 Gunjan : Cost of drafting a rental agreement would be Rs. 10000/- only. It takes 2-3 days to prepare the agreement.
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 Gunjan : Yes, you can specify any future property that you anticipate to get in your Will.
Subject : Property Fraud
Question : I purchased 3 non-NA plots from a seller on the condition that he will NA those plots in next 3 months. After 3 months, he started making reasons that the land has some problems. He asked us to wait for some time. Now Its been 7 years and he is giving me the same reason. I requested him to at least pay the money back but he is unnecessarily delaying that for the past 1 year. The seller is neither interested in giving me the plots nor the money back. How can I file a case against that fraudulent seller? Or what could be the best way to recover my money?
Answer by Gunjan : I have already answered this question.
Subject : Property Fraud
Question : I purchased 3 non-NA plots from a seller on the condition that he will NA those plots in next 3 months. After 3 months, he started making reasons that the land has some problems. He asked us to wait for some time. Now Its been 7 years and he is giving me the same reason. I requested him to at least pay the money back but he is unnecessarily delaying that for the past 1 year. The seller is neither interested in giving me the plots nor the money back. How can I file a case against that fraudulent seller? Or what could be the best way to recover my money?
Answer by Gunjan : This is a clear case of cheat. Please file a criminal complaint before the local police authority. If your grievances are not solved, then you can approach the local magistrate Court for a direction upon the police to take legal action against that person, so that your money can be recovered..
