• Exchange of two properties against one

Hi, I need to understand the following. Party “A” owns two separate properties. Party “B” owns one property. They have mutually agreed to exchange the same. I.e., Party “A” is giving his two properties and taking one property from Party “B”. How can this be executed? By the way, all three properties are in same locality and fall under the same registrar’s office (tehsil).
Asked 2 years ago in Property Law
Religion: Sikh

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9 Answers

In an exchange, two parties agree to transfer their properties to each other. Gift: The Transfer of Property Act allows for the transfer of property by gift. In this mode, the owner voluntarily transfers ownership of the property to another person without any monetary consideration.

A legally binding exchange deed is a document that certifies the exchange of personal or real property between two parties. A deed of exchange is distinct from a sale deed under the Transfer of Property Act of 1882 since the latter entails an exchange of money for the transaction.

n an exchange, there is a mutual transfer of ownership. Each party becomes the owner of the property received in exchange.

As per section 118 of the TP act, the exchange is defined as;

When two persons mutually transfer the ownership of one thing for the ownership of another neither thing or both things being money only, the transaction is called an "exchange".

A transfer of property in completion of an exchange can be made only in manner provided for the transfer of such property by sale.]

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Deed of exchange can be executed duly stamped and registered for exchange of one property with another 

 

If there are multiple properties sale  deed is better option 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Exchange of properties can very well be executed by way of Deed of exchange and on payment of stamp duty the same can be registered as well.

So consult your advocate to draft such deed and get it registered. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear client,

The Transfer of Property Act, 1882 governs property exchange in India. Both parties must agree and the properties involved must be transferable for the transaction to be considered legitimate. As Party "A" is trading two properties for one from Party "B," it is essential to guarantee that the assets are valued equally to prevent any disagreements. It is imperative to draft a legally-binding agreement that specifies the parameters of the trade. This agreement should specify the kind of transfer, consideration, and property specifics. It is necessary to register the exchange deed with the local registrar's office, even though all three properties are owned by the same tehsil. This conforms to Registration Act of 1908, Section 17. Parties should also follow stamp duty laws, confirm property titles, and get a no-objection certificate from relevant authorities.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Exchange deed will execute and compulsory will register at SRO. Stamp duty will levy.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

a deed of exchange will have to be signed and registered

however the problem is who will keep the original registered deed

so first inquire with the sub-registrar there whether one exchange deed and its duplicate [to be treated as original] can both be registered

you will have to ask whether the duplicate will attract any stamp duty since full duty would be paid on the exchange deed

in my view no stamp duty will be attracted on the duplicate

so if both the original exchange deed and its duplicate [to be treated as original] can be registered then each party will have a title document in his hand after the exchange transaction 

as regards the stamp duty payable on the exchange deed, the property having the greater market value will be taken to be the consideration and duty will be computed on that value 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Both Party "A" and Party "B" have to enter into 'EXCHANGE DEED' and register it in the jurisdictional Sub Registrar's Office after paying the statutory requisite stamp duty and registration fee, after clearly mentioning the schedule of properties they are exchanging in the Deed.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

- As per Section 118 of the Transfer of Property Act, 1882, a transaction is referred to as an “exchange” when two persons trade the ownership of one object for another,

- Hence, A and B both can enter into an Exchange deed for transferring the ownership of the properties . 

- This should be registered before the sub-registrar. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

It can be executed through an registered exchange deed

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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