EXCHANGE
DEED
This deed of Exchange is executed on ________ day
of ______________ month of _____________ year by
Sri./Smt.__________________________, S/o./ W/o.____________________________,
occupation____________________,
and aged __________ years, residing
at__________________________________________________.
herein after called the PARTY OF THE FIRST PART.
and
Sri./Smt.__________________________S/o./W/o._________________________,
occupation____________________, aged __________ years, residing
at___________________________________________________ Herein
referred to as the PARTY OF THE SECOND PART.
Whereas, the term the 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.___________ known as _____________________ situated
at morefully described in the First Schedule hereunder written and
herein after called the First Schedule property.
Whereas,
the First Party is the absolute owner, having acquired the property, by
____________________ and since then First Party has been in
possession and enjoyment of the First Scheduled property and paying taxes and
levies thereon, as sole and absolute owner thereof.
Whereas, the Second Party herein, is the sole and
absolute owner of immovable property bearing No.___________ known as
_____________________ situated at more fully described in the Second Schedule
hereunder written and herein after called the Second Scheduled property.
Whereas,
the Second Party is the absolute owner, having acquired the property, by
____________________ and since then Second Party has been in
possession and enjoyment of the Second Scheduled property and paying taxes and
levies thereon, as sole and absolute owner thereof.
Whereas it has been agreed between the parties
hereto to exchange their respective properties viz. First scheduled property
written here under unto and to the use of the Second Party in consideration of
the Second Scheduled property here under written unto the use of First Party.
Where as the market value of the First Scheduled
property is assessed at Rs.________
Where as the market value of the Second Scheduled
property is assessed at Rs.________
Where as
the parties here to have now agreed to execute this deed of exchange.
NOW THIS DEED WITNESSETH that in pursuance of the aforesaid agreement
and in consideration of the party of the Second Part conveying to the party of
the First Part the Second Scheduled property hereunder written and Second Party
hereby grant and convey by way of exchange unto the party of the First Part
absolutely and for ever all that piece and parcels of the property described in
the Second Scheduled together with all the liabilities, easements, profits,
privileges, advantages, rights, members and appurtenances whatsoever of the
said Second Scheduled property and also together with all the deeds, documents,
writings and other evidences of title relating to the said Second Scheduled
property and all the estate, right, title, interest, use, possession, benefit,
claim and demand whatsoever, both at law and in equity of the party of the
First Part TO HAVE AND TO HOLD the said Second Scheduled property hereby
granted and conveyed by way of exchange unto and to the use and benefit of the
party hereto of the First Part subject to payment of all rents, taxes,
assessments, rates, duties, now chargeable upon the same or which may herein
after become payable in respect thereof to the local authority.
NOW THIS DEED WITNESSETH that in pursuance of the
aforesaid agreement and in consideration of the party of the First Part
conveying to the party of the Second Part the First Scheduled property
hereunder written and First Party hereby grant and convey by way of exchange
unto the party of the Second Part absolutely and for ever all that piece and
parcels of the property described in the First Scheduled together with all the
liabilities, easements, profits, privileges, advantages, rights, members and
appurtenances whatsoever of the said First Scheduled property and also together
with all the deeds, documents, writings and other evidences of title relating
to the said First Scheduled property and all the estate, right, title,
interest, use, possession, benefit, claim and demand whatsoever, both at law
and in equity of the party of the Second Part TO HAVE AND TO HOLD the said
First Scheduled property hereby granted and conveyed by way of exchange unto
and to the use and benefit of the party hereto of the Second Part subject to
payment of all rents, taxes, assessments, rates, duties, now chargeable upon
the same or which may herein after become payable in respect thereof to the
local authority.
Whereas each of the parties of the First and the Second Part mutually
covenants with the other that;
(i)
He has now in himself, absolute
right, full power and absolute authority to grant the scheduled property hereby
granted or assured or intended to be by him unto and to the use of the other
party in manner aforesaid.
(ii)
That the other party shall and
may at all times hereafter peacefully and quietly enter upon have occupy,
possess and enjoy the scheduled property conveyed to him and receive the
profits thereof and for his own use and benefit without any suit, eviction,
interruption, claim or demand whatsoever from or by him the covenanting party
or his heirs, or any of them or any persons lawfully or equitably claiming or
to claim by from under or in trust for them or any of them.
(iii)
The said scheduled property is free
from all encumbrances, claim, and attachment of whatsoever in nature.
(iv)
He the covenanting party and all
the persons having or lawfully claiming any estate or interest whatsoever in
the scheduled property is conveyed by him shall and will from time to time and
at all times herein after at the request and cost of the other of them do and
execute or caused to be done and executed such further and other acts deeds,
things, conveyances and assurances in the law whatsoever for the better and
more perfectly as suring the said land and premises conveyed to him by the
other and every part thereof unto and to the use of, the party to whom it is
conveyed in the manner aforesaid as by him his heirs, executors, administrators
and assigns shall be reasonably require.
FIRST
SCHEDULE
(Property belongs to First Party exchanged to the
Second Party)
All the
piece and parcel of immovable property bearing No.____________
Measuring
_______________
Bounded
by: -
On the
East
On the
West
On the
South
On the
North
Market value of the property under this deed is Rs._____________
(Rupees____________________________________only).
SECOND
SCHEDULE
(Property belongs to Second Party exchanged to the
First Party)
All the
piece and parcel of immovable property bearing No.____________
Measuring
_______________
Bounded
by: -
On the
East
On the
West
On the
South
On the
North
Market value of the property under this deed is Rs._____________
(Rupees____________________________________only).
The Stamp
duty is paid on the market value as stated above.
IN WITNESS WHEREOF the First Party as well as the Second Party have put
their respective hands the day and year first herein above written.
WITNESSES:
1.
|
FIRST
PARTY
|
2.
|
SECOND
PARTY
|
