Exchange deed

Querist : Anonymous (Querist) 15 February 2019 This query is : Resolved
Hello,
I bought a piece of land from a developer few years ago. I now came to know that this land is in dispute and some one else is claiming ownership. The person who sold it to me says he will give me another land of similar value through an exchange deed (he gets the disputed land and I get another land) and he will fight out the dispute. Is this a safe way to proceed. Also is it possible for me to give a POA to my family member to execute the deed on my behalf.

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kavksatyanarayana (Expert) 15 February 2019
The seller agreed to give you another land. first verify that it has no complications. Then you may exchange the property as narrated above. Your can give POA to your family member to execute Exchange deed. The stamp duties vary from one State to other State. check in your state for stamp duties for Exchange deed and POA.

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Querist : Anonymous (Querist) 15 February 2019
Thank you for your response. Will it be possible for the seller to claim at a later date that I gave him a disputed land if he is not able to resolve it. Will it become an issue for me. Is there something we need to add to the exchange deed in this regard.

Dr J C Vashista (Expert) 16 February 2019
Is there any document such as "Exchange Deed" ?
Buyer beware, check title/ possession/ documents of the property through a local prudent lawyer before finalisation of deal/ transaction.
Avoid purchasing disputed property.

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