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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 : K MONDAL

Law Firm Name : K MONDAL & ASSOCIATE ADVOCATES

Country : India

City : Kolkata

State : WEST BENGAL

Practicing Since: 2010

About Your Firm : We Have Been Providing Legal Support And Services To Our Clients For Last Few Decades In Kolkata & All Over India, Especially And Exclusively, In The Field HIGH COURT MATTERS and in the field of PROPERTY Verification, Searching, Registration, Drafting Of Document, Conveyance, Deed I.e Gift, Lease, Mortgage, Power Of Attorney, Documentation Etc With Pick Up Facilities Of Documents From Your Place. Our Lawyers Can Provide You Legal Services In The Following Areas: FAST SEARCHING AGREEMENTS POWER OF ATTORNEY PLAN SALE OF PROPERTY ACQUISITION MUTATION PROPERTY DEVELOPMENT ; PROPERTY INVESTMENT PROERTY MANAGEMENT SHARED OWNERSHIP PROPERTY DISPUTE & PROPERTY LITIGATION WILLS, TRUSTS AND PROBATE after Choosing A Property The Verification Of The Property Is Required. For The Proper Execution Of The Deed Of Conveyance/sale/gift/partition Etc One Must Take The Help Of An Experienced Lawyer Who Is Expertise In The Field Of Property Law And Also With Latest Updates Of Law. Our Experience Panel Of Lawyers Of Supreme Court, High Courts & District Courts Look After All The Property Relating Matters In Kolkata And All Over India. Our Property Lawyers Take Every Necessary Action For Every Single Case To Give The Best Result & Service To Our Dear Clients So That Our Valuable Clients Can Enjoy Their Property In Peace.

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 Legal & Drafting

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