DEED OF CANCELLATION OF EXCHANGE AND RECONVEYANCE

DEED OF CANCELLATION OF EXCHANGE AND RECONVEYANCE

 

THIS DEED is made at……………….this……………….day of..................20 ……………….between A son of……………….resident of....................(hereinafter called the "First Party") of the ONE PART and B son of……………….resident of ……………….            (hereinafter called the"Second Party") of the OTHER PART

 

WHEREAS

 

(1) By a deed of exchange dated……………….executed between the parties, the First Party conveyed and transferred the house No . ……………….situate in ……………….City, more particularly described in the First Schedule to the said deed of exchange.

 

(2) One C son of……………….resident of……………….has claimed the ownership of the said house and served a notice through his advocate to the Second Party; and

 

 

(3)The Second Party has got the claim of C investigated by his Solicitor, who has opined that the First Party had no title to the house aforementioned, which he has conveyed to the Second Party as aforesaid;

 

(4) The Second Party has served a notice to the First Party to relinquish the Exchange Deed in terms of the Exchange Deed dated aforementioned and the First Party has agreed to reconvey the house acquired by him from the Second Party under the said deed dated             to the latter;

 

(5) The Second Party has relinquished the possession of the house aforementioned and the First Party has delivered possession of the said house bearing No ……………….situate in……………….City, more particularly described in the Second Schedule to the said deed dated

 

NOW THIS DEED WITNESSETH AS FOLLOWS:

 

(1) In pursuance of the said agreement, the deed of exchange dated………………. executed between the parties hereto is hereby cancelled.

 

(2) In pursuance of the said agreement, and in consideration of the premises, the First Party reconveys and retransfers the house No. ...........................situate in……………….City, more particularly described in the First Schedule to the Second Party TO HAVE AND HOLD the same for himself and his heirs, successors and assigns absolutely and for ever and the First Party has no claim or interest in the said house.

 

(3)In further pursuance of the said agreement and in consideration of the premises, the Second Party hereby conveys and transfers all the rights, title and interest which had been acquired by him under the said Deed of Exchange dated         to the First Party, TO HAVE AND TO HOLD the same such right and title as he possessed prior to the Deed of Exchange dated

 

(4)Each party hereto covenants with the other that the property so reconveyed or retransferred had not been encumbered in any manner whatsoever.

 

 

(5) The Second Party shall bear the costs incidental to the execution and registration of this deed.

 

IN WITNESS WHEREOF, the parties aforementioned have put their respective hands, the day and year first hereinabove written.

            The First Schedule above referred to

(Particulars of house reconveyed by First Party)

            The Second Schedule above referred to

(Particulars of house reconveyed by Second Party)

 

WITNESSES

1          Signed and delivered by the within named First Party

 

2.         Signed and delivered by the within named Second Party