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Exchange Deed

અદલાબદલી દસ્તાવેજ

Two owners swapping properties. Two conveyances happening simultaneously, and both need the care a sale deed gets.

e-StampSub-Registrar

This document must be registered. Notarisation is not an alternative.

Section 17(1) of the Registration Act, 1908 makes registration compulsory for any non-testamentary instrument that creates, declares, assigns, limits or extinguishes a right, title or interest of ₹100 or more in immovable property. In 1908 that was a threshold; today it captures essentially every property transaction. Where a compulsorily registrable document is left unregistered, section 49 bars it from affecting the property or being received as evidence of the transaction.

Two transfers in one document

An exchange is not a simplified sale. Each party is conveying property and each is acquiring it, so everything that matters in a sale deed matters twice: the title of each property, the description of each, the encumbrances on each, and the indemnity each party gives the other.

  • Both chains of title recited and both verified. A party accepting a property with a defective title has bought the defect.
  • Both properties described exactly as their respective revenue records describe them.
  • Equalisation payment where the values differ — the amount, when it is paid, and by whom.
  • Possession — when each party takes possession of what they are acquiring.
  • Encumbrances and dues on each property, declared and cleared.
  • Mutual indemnities.
Do the diligence on both sides.

In a sale, one party is doing title diligence. In an exchange, both should be — and frequently neither does, because the transaction feels informal and is often between people who know each other. Search both titles, check both revenue records and both sets of mutation entries, and check the NA position on both where relevant.

After registration, both properties need mutation in the revenue record.

On stamp duty.

We do not publish duty figures on this website. The Gujarat Stamp Act, 1958 was amended in 2025 and several articles were restructured; a rate printed on a web page goes stale and costs somebody money. As a Government authorised e-Stamping centre we confirm the duty currently prescribed for your specific document and issue the e-stamp against it, at face value. The notarial fee is separate and capped by law — ₹35 to attest execution, ₹35 to administer an oath or take an affidavit, under Rule 10(1) of the Notaries Rules, 1956. The full fee table →

Drafted here, in Gujarati or English

Drafted by an advocate of 35+ years rather than filled into a downloaded template, e-stamped at a Government authorised centre, and notarised in the same visit. If the parties read Gujarati, the document is drafted in Gujarati — not translated out of an English form, because legal Gujarati has its own settled vocabulary and a literal translation frequently means something looser.

What to bring

  • Title documents for both properties
  • 7/12 and 8-A, or the property card, for both
  • Mutation entries for both
  • Photo ID and PAN for both parties
  • Details of any equalisation payment agreed

Related

Common questions

Is an exchange cheaper than two sales?

The stamp treatment of an exchange differs from two separate conveyances, and the current position should be confirmed for your facts — the Gujarat Stamp Act was amended in 2025. What does not change is the diligence: both titles need checking.

What if one property is worth more?

An equalisation payment is made, and the deed records the amount and the terms. That does not convert the transaction into a sale, but it does need to be stated clearly.

Do both properties need to be in Vadodara?

No, but where they fall in different Sub-Registrar jurisdictions the presentation has to be organised accordingly. Tell us where both properties are and we will set out what is involved.

Not sure which document you need?

Tell us what the office, bank or court asked for. We will name the exact document, the stamp value and whether notarisation is enough — before you pay anything.

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