• Exchange of agricultural land in U.P.

I have 11 bigha ancestral agriculture land in my village in Bulandshahar U.P. I wish to exchange with similar area of agriculture land in same village.
1. What is the procedure and documentation .
2. How much stamp duty is to be paid and by whom?
Regards
Brijesh
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

Deed of exchange can be executed for exchange of land 

 

2) it should be duly stamped and registered 

 

3) stamp duty is state subject and varies  from state to state 

 

4) you can split stamp duty and registration charges equally 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

1) Its depend upon with whom you are going to exchange Family member or outsider ?

 

2) You have to make barter agreement (Exchange Agreement) and pay stamp duty and registration as per market value. Kindly contact sub registrar of your area.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The exchange of land can only be done in a chakbandi....consolidation proceedings. Otherwise you have to sell your land and the other person would have to sell his land. Ig would be regarded as a sale in the government records. So a sale deed must be made stating the land that is to be given in return of the land belonging to the other party in addition to some money.

Regards 

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. A "settlement deed" can be executed by ALL the residual legal heirs & beneficiaries of the ancestral property with the other party, without any monetary consideration.

2. Typically stamp duty of 500/- would suffice, payable mutually, for the above, IF the same is without any monetary consideration.

3. An Application and the certified copy of the registered settlement deed needs to be given to the village revenue officer, for change in mutation entries, subject to following proper procedure of law.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

  1. As per the information mentioned in the present query, makes it clear that there is an agricultural land which you wish to exchange in the same village.
  2. And it also seems that the other land is also of an agricultural in nature.
  3. So, for that, Botha he parties will require to be entered into an agreement for exchange and would have to state each and eveything. And get the same agreement registered.
  4. Thereafter, bothht he partied would have to get the same mutated in their respective names.
  5. Here, as both the parties would be getting an immovable property in exchange then they should bear the expenses in their own for their respective land ( new land).
  6. And stamp duty will be calculated on the basis of the area and present rate.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Exchange deed can be prepared and executed and registered with the sub-registrar office in the jursisdiction, on stamp duty as applicable as per state law. THe exchange deed needs to be signed by all the heirs as ancestral property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can execute a Registered exchange deed and pay stamp duty for the same.

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Dear Client,

This will be done by gift deed, 6 % stamp duty, exchange deed not permissible.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Sir,

The following information may kindly be read;

Uttar Pradesh Property Registration

All transactions that involve the sale of the immovable property should be registered in India to ensure transfer of clean title to the owner. The registration of property requires preparation of documents and paying the applicable stamp duty registration charges for the sale deed to be legally recorded at the Sub-Registrar’s office. Department of Stamps and Registration manages the registration and transfer of property in Uttar Pradesh. In this article, we look at the procedure for Uttar Pradesh property registration with stamp duty charges.

To know more about Uttar Pradesh Society Registration click here.

Uttar Pradesh Registration Act, 1908

Registration Act provides details regarding the method of registering documents, information regarding legal rights and obligations affecting the particulars property.

Section 17 of Uttar Pradesh Registration Act

Under section 17 of the Registration Act, 1908, all transactions that involve the sale of immovable property for a value exceeding Rs. 100, should be registered, i.e. all transactions of sale of the immovable property that has to be registered. Additionally, all transactions of a gift of immovable property, as well as a lease deed for a duration exceeding 12 months are also mandatorily needed to be registered in Uttar Pradesh.

Purpose of Property Registration (Deed Registration)

Transfer of immovable property can only be effected by way of registration. Registration of a document of transfer of immovable property provides the following benefits:

  • The document of transfer of a property in the state, i.e. deed registration will be a permanent public record, once it’s registered with the concerned Sub-Registrar.
  • A public record of the transfer of property can be inspected by anyone and a copy of the document that can be obtained from the Sub –Registrar office.
  • Listing of the property is providing the information to the general public that the owner has transferred to the buyer by the owner.
  • If any person intends to buy a property, they can verify the record-index available in the sub-Registrar office. Such a person can examine in whose name the last transfer deed has been registered.
  • If the land is an agriculture land, you can check the revenue record as khata, khatoni / khasra of that land and title deed.

Documents Required

Documents required for registering deeds in Uttar Pradesh is explained in detail here.

  • Original and Duplicate copy of the document is necessary for the registration.
  • Two passport size photographs of all parties, each of the buyer, the seller and all the witnesses.
  • Photo Identity Proof – voter’s ID card and passport of the buyer, the seller and all the witnesses.
  • Certified copies of Certificate of Incorporation of both seller and buyer, in case of a company and not an individual buyer
  • Copy of the property register card to indicate that the property does not belong to the Government (It can be obtained from the City Survey Department)
  • Copy of municipal tax bill to mention the year in which the property was built or constructed.
  • Copy of the PAN Cards of all the parties is mandatory (to be annexed along with the Sale Deed)
  • Photographs and signatures of all parties, the buyer, the seller and the two witnesses are obligatory.

Time Frame

After the presentation of the property/deed, registration proceedings be settled on the same day.

Concerned Authority

The parties can approach submit the application forms relating to property registration services at the Sub-Registrar’s Offices of Stamps & the Registration Department, Government of Uttar Pradesh.

Time Limit and Fee Applicable

The property that has to be mandatorily registered should be registered within four months from the date of their execution, along with the needed fee. e

The registration fee for the property documents is 1% of the value of the property, subject to a maximum of Rs 30,000.

Appointment for Property Registration

Before the registration of property, the citizens who are interested, they have to take appointment first in the website. For an appointment, you have to fix the date and time online.

Apply for an appointment by the following steps below:

Step 1: Applicant has to visit the official website of Registration and Stamp department.

Step 2: Now enter your application number and password.

Step 3: You have to enter the captcha code and click on the submit button.

Step 4: Then select the available date and visit the Sub – Registrar Office (SRO) on the fixed date.

Online Property Registration Procedure

In Uttar Pradesh, to register a property/land in the state, kindly follow the step by step procedures given:

Step 1: For registering property in Uttar Pradesh, you have to visit the official website of Registration and Stamp department.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

 

1.  With whom do you want to exchange the agricultural land?

2. The rate of stamp duty will be charged on the value of land which is having more value than other land under exchange,whether it is urban or .rural...

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

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