Under the Transfer of Property Act, 1882, both sale and exchange facilitate
property transfers between parties but differ significantly in their
requirements and legal implications, especially regarding
consideration and the rights conferred.
Both sale and exchange transactions must comply with formal registration requirements when immovable property is involved, as per the Indian Registration Act, 1908. Without registration, the transfer lacks legal effect in immovable property transactions valued above Rs. 100.
Conclusion
While sale and exchange both enable property transfers, the nature of
consideration—money versus other property—and reciprocal obligations delineate
them under the Transfer of Property Act. Understanding these distinctions
clarifies contractual intentions and ensures accurate property transfer
categorization, aiding in enforceability and protecting the parties' rights.
Written By: Prithwish Ganguli, Advocate
LLM (CU), MA in Sociology (SRU), MA in Criminology & Forensic Sc (NALSAR), Dip
in Psychology (ALISON), Dip in Cyber Law (ASCL), Dip in International Convention
& Maritime Law (ALISON), Faculty, Heritage Law College, Kolkata
How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...
It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...
One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...
The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...
The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...
Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...
Please Drop Your Comments