Скачать или смотреть Exchange Deed Registration: Rules, Precaution & Format | Property Mishra Show

Exchange Deed Registration: Rules, Precaution & Format | Property Mishra Show

An Exchange Deed is a legal document used when two parties mutually transfer ownership of immovable properties. Governed by Section 118 of the Transfer of Property Act, 1882, it must be in writing, signed, and duly registered to be legally enforceable. Before executing an Exchange Deed, several key aspects must be considered to ensure a smooth and legally valid transaction.

Key Rules & Precautions
Clear Property Description: The deed should clearly mention the property number, location, boundaries, and land area to avoid any future disputes.

Ownership & Title Verification: Both parties must ensure they hold a clear and marketable title. Obtaining an Encumbrance Certificate (EC), Khasra-Khatauni, and property tax receipts is crucial. If the property is mortgaged, the lender’s consent is mandatory.

Market Value & Stamp Duty: Exchange Deeds attract stamp duty on the property with the higher market value as per state laws. Registration charges, typically 1% of the market value, must also be paid.

Covenant Clauses: The deed should include indemnity, possession, and title assurance clauses to protect both parties.

Registration & Execution: The Exchange Deed must be signed by both parties in the presence of two witnesses and registered with the Sub-Registrar’s Office.

Proper due diligence, legal verification, and adherence to registration laws ensure a hassle-free Exchange Deed transaction.

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