DEED OF CANCELLATION OF EXCHANGE AND RECONVEYANCE [CD1]
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
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