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 : Ambrose

Law Firm Name : Adv.Ambrose leo Associates & Legal Consultant

Country : India

City : Bangalore

State : KARNATAKA

Practicing Since: 2010

About Your Firm : Established in 2010. Offices at maharashtra and Karnataka, Practicing in Nagpur,Mumbai Maharashtra,Bangalore Karnataka High Courts. Professional & Expert in Employment and Service Matters,Central Government Courts under Ministry of Labour & Employments. Up to High Courts, Central Administrative Tribunals, Property & Civil & Criminal cases Connected,Company Law Matters Registrar of Companies Under Ministry of Corporate Affairs Under Union Of India.Consumer Forums,Co-operative courts etc.

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adv.Ambrose leo MAH 7749/2010 Bar Council Of Maharashtra & Goa
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 Legal & Drafting

  Lease/Rental Agreements ( Leave And Licence )
  Agreements/Deeds ( Agreement of Sale )
  Affidavits ( Name & Address Affidavits )
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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 Adv.Ambrose leo Associates & Legal Consultant :  Cost of Rental Agreement including Stamp Paper and agreement as per the requirement of Law is prepared Immediately on receipt of details on all aspect of the Law.Total Charges Rs.1000/- (Rs.One thousand Only)

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 Adv.Ambrose leo Associates & Legal Consultant :  Yes, you have to prepare duly stating the status of the property with relevant documents and annexe, you should have two witness preferably your family doctor & Lawyer and register.Better to consult a Expert lawyer to prepare all aspects of the issue & register.

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 Adv.Ambrose leo Associates & Legal Consultant :  Yes, you have to prepare duly stating the status of the property with relevant documents and annexe, you should have two witness preferably your family doctor & Lawyer and register.Better to consult a Expert lawyer to prepare all aspects of the issue & register.

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 Adv.Ambrose leo Associates & Legal Consultant :  Yes.For drafting will contact through this panel immediately.