What is an Exchange Deed and How to Execute One in Maharashtra?

Exchange Deeds

An exchange deed is a type of deed registered between owners of properties in order to exchange the
properties between the transacting parties. The transaction is different from a conventional property
sale because there is no transfer of money between the parties.

Property can also be transferred between the parties by executing two separate sales. In such
cases, you will incur stamp duty on both agreements. Registering an exchange deed can save you
additional stamp duty expenses. In addition, in the event that the two properties to be exchanged are of
varying value, there is a provision to mention the difference amount in the exchange deed and can be
settled with money.

The stamp duty for the exchange deed will be the same as in a sale of immovable property. The
stamp duty will be calculated on the basis of the property which has a higher value.

Payment of Stamp Duty and Registration Fee - You can pay the registration and stamp duty for
executing an exchange deed online. The process is explained below:

1. Department details: Choose the district and sub-registrar office in whose jurisdiction your
property is located.
2. Deed Type: Choose the article code ‘Exchange of Property’
3. Payment details: Under payment details. Specify the stamp duty and registration fee you must
pay.
4. First party details: Enter the name, PAN, and mobile number of the buyer.
5. Second party details: Enter the name and PAN of the seller.
6. Property details: Enter flat/survey number in case of a plot, locality or road, area/city, and pin
code of the property.
7. Property value details: The market value of the property and consideration amount which is the
amount you actually paid to the seller.
8. Payment mode: choose the mode of payment from the given options

Execution of the Deed

Once you have made the payment, you must visit the specified sub-registrar office with the seller, two
witnesses, and the required documents. The documents needed are-

1. The original sale deed and A copy of the sale deed

2. Photo identity proof in the form of voter’s ID card or passport of the buyer, the seller, and the
two witnesses
3. Copy of the municipal tax bill to indicate the year in which the property was built/constructed
4. Copy of the PAN Cards of the seller and the buyer
5. Thumb impressions/signature and photographs of the buyer, the seller, and the two witnesses
are mandatory
 Final model draft agreed to by MoUD and DoLR

Note:- This is a model draft and may be customized according to individual requirement.

EXCHANGE DEED

This exchange deed is made and executed at Delhi on this ……….day of …………, 201…..

BETWEEN

……………………………….,s/o…………………………………., r/o……………………..

…………………………………………………………………………………………………

(hereinafter called the FIRST PARTY).

AND

……………………………….,s/o…………………………………., r/o……………………..

…………………………………………………………………………………………………

(hereinafter called the SECOND PARTY).

WHEREAS the terms FIRST PARTY and the SECOND PARTY unless repugnant to the context shall mean
and include their representatives heirs, successors, executors, administrators, trustees, legal
representatives and assigns.

WHEREAS, the First Party herein, is the sole and absolute owner of immovable property bearing
No……………………. situated at ………………………………….. as described in the First Schedule hereunder
written (hereinafter referred to as FIRST SCHEDULE PROPERTY), having purchased/acquired/inherited
the said property vide registered sale deed/gift deed/Will/Letter of Administration as document
No…………., Addl.Book………………..,Vol. No………………pages ……....to………., dated…………duly regd. in the
office of Sub-Registrar…….………,……………….

WHEREAS, the Second Party herein, is the sole and absolute owner of immovable property bearing
No……………………. situated at ………………………………….. as described in the Second Schedule hereunder
written (hereinafter referred to as SECOND SCHEDULE PROPERTY), having Final model draft agreed to by
MoUD and DoLR purchased/acquired/inherited the said property vide registered sale deed/gift

deed/Will/Letter of Administration as document No…………., Addl.Book………………..,Vol. No………………

pages ……....to………., dated…………duly regd. in the office of Sub-Registrar…….………,……………….
WHEREAS the properties as mentioned in the schedules are free from all sorts of encumbrances such as
liens, charges, claim, liabilities, acquisitions, injunctions or attachments from any Court of Law, gifts,
mortgages, demands, notices, notifications, legal disputes, differences, decrees etc. at present and both
the parties hereto are fully competent to dispose of the same in any manner they like.

WHEREAS the parties hereto have agreed to mutually exchange and transfer the ownership of the said
properties as between them:

a. That in pursuance of the ……………………..agreement (if any) dated………………bearing registration

number ………………………… and in consideration of the second party conveying, transferring and assigning
to the first party, the Second Scheduled property hereunder written. The First Party hereby in exchange
conveys, transfers and assigns unto the Second party absolutely and forever with all rights, title and
interest of the property described in the First Scheduled Property together with all the rights, easements
and appurtenant thereto. The First Party has handed over all the deeds, documents, writings and other
evidences of title relating to the First Scheduled Property to the Second Party.

b. That in pursuance of the agreement (if any mentioned above) and in consideration of the first party
conveying to the second party the First Scheduled property hereunder written. The Second Party hereby
in exchange conveys, transfers and assigns unto the First Party absolutely and forever with all rights, title
and interest of the property described in the Second Scheduled Property together with all the rights,
easements and appurtenant thereto. The Second Party has handed over all the deeds, documents,
writings and other evidences of title relating to the Second Scheduled Property to the First Party.

NOW THIS EXCHANGE DEED WITNESSETH AS UNDER:

(1) That the first party has now become the absolute and exclusive owner of the property as mentioned
in second schedule.

(2) That the second party has now become the absolute and exclusive owner of the property as
mentioned in first schedule.

(3) That each party has taken the actual, physical, vacant and peaceful possession of their above
mentioned / exchanged properties and have now become the sole and absolute owner of their
respective properties, as exchanged above and are fully entitled and empowered to sell,
let-out/mortgage, dispose of, or construct or use the said Properties in any manner as they may like
hereinafter.

(4) That all the expenses of the Exchange Deed such as Stamp duty, Registration Charges/Fees and
writing charges etc. shall be borne equally by both the parties hereto.

(5) That both the parties to this exchange deed have paid all taxes, charges, dues, demands, arrears,
electricity charges, water charges, outstanding bills, house tax, development charges etc., in respect of
their respective properties (as mentioned in the respective schedules) to the concerned departments for
the period prior to the date of execution of this exchange deed.
(6) That in future both the parties hereto shall pay all taxes, charges, demands, electricity charges, water
charges, bills, house tax, development charges etc. in respect of the above exchanged properties.

(7) That both the parties hereby agree and assure each other to help and assist in getting the properties,
as exchanged above transferred/mutated in the relevant records of concerned authority/Revenue
department and any other concerned department.

(8) That each party shall have full right to apply and get the water, electric and sewerage connection
regarding property as exchanged above from the concerned authorities and also to get the existing
name changed in his/her own name from the department concerned.

(9) That in case it is proved otherwise at any time and any of the parties suffer any loss, then the
defaulting party shall be fully liable and responsible for the same and the aggrieved party shall be
entitled to recover all his/her losses from the defaulting party.

(10)That in future none of the party to this exchange deed shall claim any right, title and interest in the
said property which has been exchanged in favour of the other party as mentioned above.

(11)That the present exchange deed in being executed in duplicate and each party shall retain one
original each. (Any other covenant with the consent of both the parties may be added)

IN WITNESS WHEREOF, the parties have signed/ affixed their thumb mark on this Exchange Deed after
understanding the contents of the same on the day, month and year first above written in the presence
of the following witnesses:

FTRST SCHEDULE PROPERTY

(Property belongs to First Party exchanged to the Second Party)

Total Area of Plot/flat ……………………………… Sq. Meters/Sq. Feet/applicable plinth area

Cost of land …………………………………………………………………………………

Built up area…………………………………………………………………………….Sq. feet.

Number of floors constructed/semi constructed …………………………………………………

Category (Area Wise, for the purpose of calculation of circle rate) ………………………………

Approved Use……………………………………………………………………………………

Actual Use………………………………………………………………………………………

Year of construction…………………………………………………………………………….

Cost of construction…………………………………………………………………………….

Stamp Duty paid Rs.……………………………………………………………………………

Bounded as under:-

EAST:

WEST:

NORTH:

SOUTH:

SECOND SCHEDULE PROPERTY

(Property belongs to Second Party exchanged to the First Party)

Total Area of Plot/flat ……………………………… Sq. Meters/Sq. Feet/applicable plinth area

Cost of land …………………………………………………………………………………

Built up area…………………………………………………………………………….Sq. feet.

Number of floors constructed/semi constructed …………………………………………………

Category (Area Wise, for the purpose of calculation of circle rate) ………………………………

Approved Use……………………………………………………………………………………

Actual Use………………………………………………………………………………………

Year of construction…………………………………………………………………………….

Cost of construction…………………………………………………………………………….

Stamp Duty paid Rs.……………………………………………………………………………

Bounded as under:-

EAST:

WEST:

NORTH:

SOUTH:

1. (Name, father’s name, address) FIRST PARTY

2. (Name, father’s name, address) SECOND PARTY

WITNESSES:-

1. (Name, father’s name, address) FIRST PARTY

2. (Name, father’s name, address) SECOND PARTY

 DEED OF EXCHANGE

This Deed of Exchange is Made Between

Mr. ______, S/o_________, R/o_________ (herein after referred to as the "first party") of the one part

And

Mr. ______, S/o_________, R/o_________ (herein after referred to as the "second party") of the other
part.

Whereas the first party being complete owner of the property stated in the first schedules annexed
herewith;

And Whereas the second party being complete owner of the property stated in the second schedules
annexed herewith;

And Whereas the parties hereto have mutually consented to exchanging and transferring the said
properties stated in the first and second schedules hereto in the way hereinafter appearing;

Now This Deed Witnesses as Follows:

1. Per said covenant and in consideration of the transfer by the second party hereinafter stated the first
party hereby grants, conveys, assigns and transfers to the second party all property described in the first
schedule hereto In Holding and Having the same to the second party completely for good;

2. Per said covenant and in consideration of the transfer by the first party herein before contained the
second party hereby grants and transfers to the first party all the property stated in the second schedule
hereto In Holding and Having the same to the first party completely for good.

3. Each parties hereto agrees with the other and declares that the property so transferred by him is free
from all encumbrances; and that the property so transferred by each of them shall be peaceably entered
upon and enjoyed and held by the other of them the rents /profits as received by other of them without
any restriction or interference by the party conveying the same; and each parties per request /cost of
the other assurance and do every such act or thing as shall reasonably be needed by such other for
highly assuring to such other the property so conveyed to him.

4. It is hereby declared that the value of the property stated in each of the schedules hereto is Rs.
_________.

5. The grants so made and each of the agreements herein covered per cash of each party the binding
and benefit his successors, legal representatives, heirs and assigns.

In Witness Whereof, the parties have executed and signed this agreement..
Date:

Place:

The First Schedule

The Second Schedule

The First party

Witness:

1.

The Second party

Witness:

2.