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Ritu Kalia (Lawyer)     15 August 2011

Deed of exchange


Can a Deed of Exchange be executed wherein there is transfer of one Flat in exchange of plot. Both the property are within the Corporation limits. And the plot is regularized/sanctioned one. Whereas the valuation of Flat is higher than plot, therefore the stamp duty wil hav to be paid on Flat. 

Pls advice me, whether i can execute a deed of exchange wherein there is exchange of Flat and Plot. 





 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     15 August 2011

There can be a valid exchange of flat and plot. Please go ahead.

adv. rajeev ( rajoo ) (practicing advocate)     15 August 2011

You can go for exchange deed.  If want to pay minimum stamp duty then go for rights relinquish deed.  But it can be executed between family members only

Adv. Sanjay (Lawyer)     16 August 2011

There is no problem in executing the Exchange-Deed. Thats the best in such cases.

Ritu Kalia (Lawyer)     17 August 2011

Thanks to all for the advice.

Shastri J.K. (Practice in The High Court of Chhattisgarh)     17 August 2011

I agree with Adv.Archana.

Deepak (TRAINEE)     04 September 2011


The family consist of Parents, Two sons and their wives. A number of properties are being held . Each property is jointly held by two members of the family. Eg. Property A is in the name of Mother and Elder son's wife. Property B is in the name of both brothers's wives and So on.

    Now in order to eliminate future disputes, the said cross holdings of properties is required to be done away with. i.e. to say Out of suppose total 10 properties held jointly by any two members of the family as in the example above, the properties have to be held singularly, whether one should go for EXCHANGE DEED or for the SALE DEED. OR IS THERE ANY OTHER OPTION. LESS PAYMENT OF STAMP DUTY IS AN IMPORTANT CONSIDERATION.

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