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 : Parvathi Menon

Law Firm Name : Menon and Singh, Advocates and Solicitors

Country : India

City : New Delhi

State : DELHI

Practicing Since: 2014

About Your Firm : Menon & Singh law office is a full-service law office founded by Ms. Annapurna and Ms. Parvathi Menon. With a team of young professionals, the firm strives to not only to comprehend the grievances of its clients and provide efficient and cost effective solutions to them, but at the same time it also renders its support in assisting them to achieve their goals. The firm leaves no stone unturned to overturn the nadir of its clients into their zenith.  "Out of the box thinking" is the key phrase that guides the team in their quest to find remedy to the complex legal quandaries that loom at large before its clients. The firm provides a beautiful blend of conventional wisdom and novel ideas while dealing with the cases.  The firm understands that many a times when a client visits them, they may have undergone severe mental distress. Menon & Singh Law Office takes great pride in providing counselling services to its clients as it understands that mental peace is one of the most valued objective of mankind. The firm understands that the best results are the product of a partnership, so we work with each client to develop and execute custom-built plans designed to maximize success.  ? ? ?    ?     ? ? ?

Manpower/Employee Details

Sr Employee Associated Sr Employee Enrollment/Reg.No Sr Employee Enrollment/Reg.State
parvathi D/1837/2014 New Delhi
Jr Employee Associated Jr Employee Enrollment/Reg.No Jr Employee Enrollment/Reg.State
Annapurna D/5043/2017 New Delhi

 Legal & Drafting

  Registration Assistance ( Independent House )
  Agreements/Deeds ( Sale Agreement/Deed Review )
  Registration Assistance ( Commercial Property )
  Agreements/Deeds ( Construction Agreement Review )
  Power of Attorneys ( General Power of Attorney )
  Agreements/Deeds ( Rectification Deed )
  Power of Attorneys ( Special Power of Attorney )
  Packages ( Legal Opinion to Registration (Plot/Site) )
  Agreements/Deeds ( Relinquishment deed )
  Power of Attorneys ( Revoke/cancel Power of Attorney )
  Packages ( Sale Agreement to Registration (Plot/Site) )
  Agreements/Deeds ( Mortgage Deed )
  Construction Approvals ( Residential )
  Packages ( Sale Agreement to Registration (Apartment) )
  Agreements/Deeds ( Exchange Deed )
  Wills ( Make A will )
  Packages ( Legal Opinion to Registration (Apartment) )
  Agreements/Deeds ( Release Deed )
  Wills ( Make A Codicil )
  Agreements/Deeds ( Agreement of Sale )
  Agreements/Deeds ( Partition Deed )
  Agreements/Deeds ( Construction Agreement )
  Agreements/Deeds ( Memorandum of Understanding )
  Agreements/Deeds ( Sale deed )
  Registration Assistance ( Plot )
  Agreements/Deeds ( Gift Deed )

Subject :  Difference between a "mortgage" and a "lease"?
Question :  What is the difference between a "mortgage" and a "lease" Please explain

Answer by Menon and Singh, Advocates and Solicitors :  Mortgage and lease have been exclusively dealt with in the Transfer of Property Act. As per Section 58 of the said Act, mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. Section 105 TOPA states that a lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms. Difference- 1. In mortgage, the interest in property is transferred for securing payment of money whereas in lease, interest in property is transferred for enjoyment of property in exchange of some consideration. 2. Almost all types of mortgage requires registration of property but lease requires registration only if the lease period exceeds 11 months. 3. Mortgage deed requires attestation by 2 witness but lease does not require the same. 4. In mortgage the consideration is known as mortgage money whereas in lease, the consideration is known as premium or rent.