Law chamber

 PAVANANJAYA

 19 Years Exp

 Exchange Deed (Show More)

 Dakshina Kannada , Kodiyalbail

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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 : PAVANANJAYA

Law Firm Name : Law chamber

Country : India

City : Dakshina Kannada

State : KARNATAKA

Practicing Since: 2006

About Your Firm : I am practicing since 2006 as a civil Advocate in Mangalore I am handling civil Matters M.C Cases , Consumer cases Registration work Revenue work, Legal Opinion etc

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  Packages ( Commercial complex )
  Procure Specific Property Document(s) ( Khata / Khata Extract )
  Legal Opinion/Title Certification ( Apartment/Builder Floor )
  Procure Specific Property Document(s) ( Khata Certificate/Transfer )
  Legal Opinion/Title Certification ( Residential Layout )
  Power of Attorneys ( Drafting General Power of Attorney )
  Legal Opinion/Title Certification ( Villa Project )
  Forming Owners Associations/Societies ( Apartments )
  Legal Opinion/Title Certification ( Commercial complex )
  Land Sourcing ( Apartment/Builder Floor )
  Agreements/Deeds(Bulk) ( Memorandum of Understanding )
  Land Sourcing ( Residential Layout )
  Agreements/Deeds(Bulk) ( Joint Development Agreement )
  Land Sourcing ( Villa Project )
  Agreements/Deeds(Bulk) ( Agreement of Sale )
  Land Sourcing ( Commercial complex )
  Packages ( Apartment/Builder Floor )
  Agreements/Deeds(Bulk) ( Agreement of Sale with GPA & Possession )
  Packages ( Residential Layout )
  Project Approvals ( Conversion of Land )
  Packages ( Villa Project )
  Procure Specific Property Document(s) ( Encumbrance Certificate )

 Legal & Drafting

  Consultation on Property ( Property Selling )
  Agreements/Deeds ( Sale deed )
  Affidavits ( Gas Affidavits )
  Procure Revenue Documents ( Certified copy of revenue document )
  Registration Assistance ( Plot )
  Lease/Rental Agreements ( Commercial Lease Agreement )
  Packages ( Legal Opinion to Registration (Apartment) )
  Wills ( Make A Codicil )
  Procure Revenue Documents ( Encumbrance Certificate )
  Agreements/Deeds ( Gift Deed )
  Affidavits ( General Affidavits )
  Procure Revenue Documents ( Certified copy of registered GPA/SPA )
  Registration Assistance ( Apartment )
  Lease/Rental Agreements ( Residential Lease Agreement )
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  Procure Revenue Documents ( Khata Extract )
  Agreements/Deeds ( Sale Agreement/Deed Review )
  Affidavits ( Other Affidavits )
  Procure Revenue Documents ( Certified copy of registered documents )
  Registration Assistance ( Villas )
  Lease/Rental Agreements ( Room Rental Agreement )
  Legal Opinion (Written) ( Apartment )
  Notary & Attestation Services ( Gazetted Officer Attestation )
  e-stamp paper ( Get E-stamp paper )
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  Agreements/Deeds ( Construction Agreement Review )
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  Registration Assistance ( Independent House )
  Lease/Rental Agreements ( Car Parking Agreement )
  Legal Opinion (Written) ( Villas )
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  Procure Revenue Documents ( Khata Transfer )
  Agreements/Deeds ( Rectification Deed )
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  Power of Attorneys ( General Power of Attorney )
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  Procure Revenue Documents ( Mother Deed Extract )
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  Power of Attorneys ( Revoke/cancel Power of Attorney )
  Lease/Rental Agreements ( Paying Guest Agreement )
  Legal Opinion (Written) ( Agriculture Land )
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  Affidavits ( Name & Address Affidavits )
  Property & Documents Inspection ( Fraud & forgery Inspection )
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  Agreements/Deeds ( Exchange Deed )
  Lease/Rental Agreements ( Apartment Rental Agreement )
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  Affidavits ( Personal Affidavits )
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  Packages ( Legal Opinion to Registration (Plot/Site) )
  Wills ( Make A will )
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  Agreements/Deeds ( Construction Agreement )
  Affidavits ( Passport Affidavits )
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  Agreements/Deeds ( Memorandum of Understanding )
  Lease/Rental Agreements ( Commercial Shop Rental Agreement )
  Packages ( Sale Agreement to Registration (Apartment) )

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  Buying Selling of Property in India ( Buying/Selling of Property in India )
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  Propert Transfer ( Land and Property Transfer )
  Property Partition ( Partition of Land And Property )
  Property Disputes ( Illegal Sale of Land And Property )

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  RERA Consultation ( RERA Approved Agent )
  RERA Consultation ( RERA Consultant )

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 Law chamber :  Yes you have to pay income tax on 36 lakhs you shoud avaid that you can do sale deed 27 lakhs ok

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 Law chamber :  Yes you have to pay income tax on 36 lakhs you shoud avaid that you can do sale deed 27 lakhs ok

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 Law chamber :  Yes you have to pay income tax on 36 lakhs you shoud avaid that you can do sale deed 27 lakhs ok