• Barter system in property sale

Hello,
Can a property be sold in delhi in exchange of another property? In other words, without payment through dd? 
Thank you.
Asked 2 years ago in Property Law from Delhi, Delhi
1. Properties can be exchanged by entering into an exchange deed. The two owners can out of their own free will make a mutual exchange deed whereby and whereunder they can exchange the properties owned by them.

2. The stamp duty will have to be paid at the prevalent rate whereafter it shall be registered.

3. When the properties are exchanged by means of an Exchange Deed, stamp duty is paid on the value of the property whose value is higher. 

4. Delhi is not an exception to the above rule.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Yes, the said properties can be exchanged but it is not called 'Sale',

2. You shall have to execute and regisred an Exchange Deed duly exchanging the titles of two seperate properties between their title holders,

3. The stsmp duty to be charged in this type of ecxhange deed will be based on the value of the two properties which is higher.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
property can be exchanged by exchange deed by duly stamped at higher rate at property .
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0
A. no,  a property cannot be sold in delhi in exchange of another property.

B. properties can be exchanged by executing registered exchange deeds duly stamped.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1) for exchange of properties Deed of exchange has to be  entered into . 

2) the deed of EXchange has to be duly stamped and registered . stamp duty has to be paid on value of property which is higher
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
Yes, by way of deed of exchange two properties may be exchanged which deed needs to be registered.
If there is any difference of price between the two properties the said difference can be met by money.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
It is a sort of barter where 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.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
but such transaction  cannot be called sale.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Hi,
Yes it is legally right without a payment through DD,  on execution and registration of the deed of Exchange..

In exchange of properties it is paid in another property by way of barter whereas a Sale is always for a price, which means money or  no price is paid in an exchange, there being only a transfer of one specific property for another. And although payment of price may be made in addition to the transfer of property, by way of equality of exchange, such payment does not make the exchange lose its character as such.
while entering into a legal transaction of exchange you need to register the deed. 

first ascertain Payment of Stamp duty and Registration fee.

A. (i) Stamp duty is payable on the instrument but not on the transaction. To ascertain the correct Stamp duty payable one has to see the intention of the document and words used in it.

(ii) The stamp duty chargeable in exchange of property is on the market value of the property of greatest value which the subject matter of exchange i.e., value of all the property which is the subject matter of exchange have to be made and duty is chargeable only on the highest value of the property .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hi, property can be exchanged but have to register the exchange deed and you have to pay the market value of the property which is highest value.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
A.	Yes, property can exchange by entering into an exchange deed agreement and it must be registered before the Sub Registrar's office. 
B.	The Exchange deed shall have prescribed stamp duty and property valuation would be reckoned on the basis of the which property market value is higher under lower value property.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
The office of registrar where the sale is to be registered determines the market value for the purpose of payment of stamp duty on the basis of its database updated regularly.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
The market value can be ascertained from the office of tehsildar.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Real estate properties are registered at circle rates. Circle rates were introduced in July 2007 only and the capital was divided into eight categories. This is the minimum valuation at which properties are registered with the government.

Recently, the circle rates were raised in Delhi in the range of 20-200 per cent across different categories of properties in the city.

Category A localities of Vasant Vihar, Shanti Niketan, Anand Niketan saw a steep hike of 200 per cent, Category B properties saw a jump of 50 per cent while properties in the remaining six categories - C to H - saw a hike of 20-25 per cent.

The decision, effectively, 'spared' people in middle-class neighbourhoods and urban villages across the city, and in many ways is being seen as a ploy to appease vote banks and garner greater moolah for the Delhi government's revenue department.

But there are other aspects to this increase: for genuine buyers this may be good news as they can avail higher loans from banks and financial institutions. These institutions typically disburse loans on the basis of sales deed, which take into account circle rates. Buyers can avail up to 80-85 per cent of the total circle rate as home loan, which is extended only on the basis of the white component of transaction amount.

On the upside, the revision in circle rates can help minimize the difference between the average market rate and the existing circle rates. While the increase tends to make registration of property a costlier affair, it also allows property valuation to move closer to fair or market value. It's a well-known fact that market value of property is far higher than the value shown on the sale or lease deed to pay stamp duty.

"Even as circle rates have been revised upwards, the prices at which properties are being registered continue to remain below the actual market value and provide scope for the absorption of black money in property transactions. Therefore increase in circle rates can definitely help bring about a greater degree of transparency in the market and while the total sales price will increase marginally with the upward revision in the base rates, it is likely that the impact on the consumer will be negligible. Therefore, it is unlikely that genuine buyers will defer property purchase or registration as a consequence of the upward revision in circle rates,

How are circle rates determined: It seems many factors are taken into account while determining the benchmark 'circle rate' like land rates, multiplicative use factors, cost of construction, type of structure, minimum rates of built-up flats and multiplicative factors for private flats.

However 'circle rates' are not determined based on any specific methodology or calculation but rather as a function of market dynamics and trends, which reflect the number of properties being registered with the authorities concerned and the price bands at which property transactions take place. Property prices on the other hand are governed more by the principles of demand and supply.

A. the above factors determine the market value of property in delhi.

B. the exact stamp duty is calculated as per stamp duty act of delhi.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1. Visit the Registration office where the said exchange deed will be registered,

2. Registration office has the updated data base of market value of the landed property falling in its area.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) you have to visit the office of registrar to determine market value payable on deed of exchange 

2) circle rate will help you in determining amount of stamp duty payable on the deed of exchange
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
You can know the exact market value from the local sub registrar office or Tahsildar office or local Government official website.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
if two persons have exchanged their property than what is the importance of circle rate ? value is the matter of sale. circle rate is applicable in sale. person can exchange any property of any value. in your case if any payment was made by either party then it could be called sale because property may be transferred by sale partly by exchange and partly by payment. if there is exchange and payment then it is called sale. and payment is made in order to satisfy the party on the market value of property. in complete exchange, market value does not matter.
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0

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