DEED OF EXCHANGE, WHERE MONEY IS PAID FOR EQUALIT [CD1]
THIS DEED of exchange is made
at……………….on 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) The
First Party is the absolute and beneficial owner of the plot of land bearing
Plot
No………………. Survey No……………….situate, being and lying in
Village ……………….Taluka……………….District……………….more particularly described in the
First Schedule hereto and delineated in the plan and marked X annexed hereto,
valued at Rs .
................
(2) The
Second Party is the absolute and beneficial owner of the plot of land bearing
Plot No
……………….Survey No………………. Hissa
No………………. situate, being and lying in
Village...................... Taluka……………….District……………more particularly
described in the
Second Schedule hereto and
delineated in the said plan and marked Y, valued at Rs . .................
(3) The
parties hereto have agreed to exchange their aforesaid properties with each
other and the First Party has further agreed to pay to the Second Party for
equality of exchange the sum of Rs .
NOW THIS DEED WITNESSETH AS
FOLLOWS:
(1)In pursuance of the said
agreement and in consideration by the Second Party hereby contained, the First
Party hereby grants and transfers to the Second Party ALL THAT property
described in the First Schedule hereto TO HOLD the same to the Second Party
absolutely for ever
(2) In
further pursuance of the said agreement and in consideration of the transfer by
the First
Party hereinbefore contained and
of the sum of Rs ………………. paid by the
First Party to the Second Party (the receipt of which the Second Party hereby
acknowledges), the Second Party hereby grants and transfers to the First Party
all that property described in the Second Schedule hereto, to hold the same to
the First Party absolutely forever
(3) Each
of the parties hereto hereby covenant with the other that
(i) The
property hereto hereby transferred by him is free from- encumbrances;
(ii) The
property so transferred by each of them shall be peaceably and quietly entered
upon and held and enjoyed by the other of them and the rents and profits
thereof received by the other of them without any suit, eviction, interruption,
claim or demand whatsoever from or by the party transferring the same or his
heirs, successors, legal representatives or any of them or any person or
persons lawfully or equitably claiming or to claim by, from, under or in trust
for them or any of them;
(iii)
Each of the parties hereto will from time to
time and at all times hereafter at the request and costs of the other of them
do and execute or cause to be done and executed such further and other acts,
deeds, things, conveyances and assurances in law whatsoever for the better and
more perfectly assuring the said land and house hereby transferred to him
(4)
This deed will be executed in duplicate. The
original deed with plans shall be retained by the First Party, who shall be
bound to keep it in safe custody and to produce the same whenever required by
the Second Party or before any Court, Tribunal or authority when so
requisitioned. The duplicate copy shall be retained by the Second Party.
(5)
The parties hereby agree that in case of the
title of any party to the land being conveyed by it proving defective or not
being of marketable title, the other party may rescind the transaction which
shall become null and void, thereby enabling the party rescinding the same to
reconvey the said land to another person.
IN WITNESS WHEREOF, the parties
have put their respective hands the day and year first hereinabove written
The
First Schedule above referred to
The
Second Schedule above referred to
ANNEXURE
SITE
PLAN
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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