THIS DEED made at ……………….on
this……………….day of..........................20 ……………….between A son of
Shri……………….resident of……………(hereinafter called "the
Party of the First Part") of
the ONE PART and B son of Shri………………. resident of………………. (hereinafter called
"the Party of the Second Part") of the OTHER PART.
WHEREAS
(1)
The party of the First Part is seized and
possessed of or otherwise well and sufficiently entitled to the plot and
building situate at......................and more particularly described in the
First Schedule hereunder written
(2)
The party of the Second Part is seized and
possessed of or otherwise well and sufficiently entitled to the plot and
building situated at……………….and more particularly described in the Second
Schedule hereunder written.
(3)
The parties hereto have agreed to exchange the
said properties described in the First and Second Schedules hereto in the
manner hereinafter appearing
NOW THIS DEED WITNESSETH AS
FOLLOWS:
(1)
In pursuance of the said agreement and in
consideration of the transfer by the of the Second Part conveying to the party
of the party of first First Part the land and building situate at ……………….and
more particularly described in the Second Schedule hereunder written, the party
of the First Part hereby grants and conveys by way of exchange unto the party
of the Second Part absolutely and forever all that piece of land and building
situate, lying and being at……………….and more particularly described in the First
Schedule hereunder written together with all and singular the court yards,
areas, compounds, sewers, common gullies, ditches, fences, trees, drains, ways,
paths, passages waters, water courses, plants, lights, liberties, privileges,
assessments, profits, advantages, rights, members and appurtenances whatsoever
to the said property or any part thereof belonging to in any wise appurtaining
to or with the same or any part thereof now or at any time heretofore usually
held, used, occupied or enjoyed therewith or reputed or known as part of member
thereof to belong or be appurtenant thereto and all the estate, right, title,
interest, property, benefit, claim and demand whatsoever with law and in equity
of the party of the First Part in, to, out of or upon the said property or any
part thereof to have and to hold the property hereby granted, conveyed or
intended or expressed so to be with their and every of their rights, members
and appurtenances unto and to the use of the party of the Second Part subject
however to the payments of all rents, rates, taxes, assessments, duties and
dues now chargeable upon the same or hereafter become payable to the Government
of India, Government of.....................or to the Municipal Corporation
of……………….or any other authority or public body in respect of the said property.
(2)
In pursuance of the aforesaid agreement and in
consideration of the party of the First Part having conveyed to the party
hereto of the party of the Second Part, the land and building situate at
……………….and more particularly described in the First Schedule hereunder written
unto and to the use of the party of Second Part, the party of the Second Part do
hereby grant and convey by exchange unto the party of the First Part absolutely
for ever all that piece or parcel of land and building situate, lying and being
at……………….and more particularly described in the Second Schedule hereunder
written together with all and singular the court yards, areas, compounds,
sewers, common gullies, ditches, fences, trees, drains, ways, paths, passages,
waters, water courses, plants, lights, liberties, privileges, assessments,
profits, advantages, rights, members and appurtenances, whatsoever to the said
property or any part thereof belonging to in anywise appertaining to or with
the same or any part thereof now or at any time heretofore usually held, used,
occupied- or enjoyed therewith or reputed or known as part of member thereof to
belong to the appurtenant thereto and all the estate, right, title, interest,
property, benefit, claim and demand whatsoever both law and in equity of the
party of the First Part in, to, out of or upon the said property or any part
thereof to have and to hold the property hereby granted, conveyed or intended
or expressed so to be with their and every of their rights, members and
appurtenances unto and to the use of the party of the First Part subject
however to the payments of all rents, rates, taxes, assessments, duties and
dues now chargeable upon the same or hereafter become payable to the Government
of India, Government of……………….or to the Municipal Corporation of……………….or any
other authority or public body in respect of the said property
(3)
Each of the parties hereto hereby covenant with
the other that:
(a)
He has now good right, full power and absolute
authority to transfer, assign and convey the transfer, assignment conveyance of
the said property hereby transferred, assigned and confirmed or intended or
expressed so to be unto and to the use of the other party in the manner
aforesaid.
(b)
That the other party shall and may at all times
hereinafter peaceably and quietly to hold, enter upon, have, occupy, possess
and enjoy the said property hereby transferred, assigned with that
appurtenances and to receive the rents, issues and profits thereof and of every
part thereof to and for their own use and benefit, as may be permissible in law
without any suit, lawful eviction, interruption, claim and/or demand whatsoever
from him or his successor or any of them or from or by any person lawfully or
equitably claiming or to claim by any person lawfully or equitably claiming or
to claim by, from, under or in trust for them or any of them.
(c)
The said land and buildings are free and clear
and freely and clearly and absolutely acquitted, exonerated, released and for
ever discharged or otherwise by each of them well and sufficiently saved,
defended, kept harmless and indemnified of, from and against all former and
other estates, titles, charges and/or encumbrances whatever had made, executed,
occasioned or suffered by him the covenanting party or by any other person or
persons lawfully or equitably claiming or claim by, from, under or in trust for
them or any of them
(d)
He and all persons claiming any estate, right,
title or interest in law or in equity in the property assigned, transferred and
confirmed or any part thereof by firm and/or in trust for him or his
representatives successors, assigns shall and will from time to time and at all
times hereafter at the request and the cost of the other do execute or cause to
be done, executed all such further and other lawful and reasonable acts, deeds,
things, matters, assignments and assurances in law whatsoever, for the better
and further and more perfectly and absolutely transferring, assigning,
conveying the said land and building and every part thereof hereby transferred
and assigned unto and to the use of the other in the manner aforesaid as shall or
may be reasonably required by the other or his successors, or assigns or his
counsel7in-law.
(e)
The said land and building is free from any
mortgage, charge, lien, attachment, fis pendens or other encumbrance of any
kind and all rents, rates, taxes, assessments, dues, duties of the said land
and building has been paid by him upto and including the date of these presents
and should any rates, taxes, dues and duties be found payable upto that date,
the same shall be and will be paid by him.
(f)
Each party has handed over to the other party
all documents of title relating to or belonging to or connected with the said
land and building transferred, assigned or conveyed by him to the other party
and each party hereby declares and confirms that he does not have any other
documents of title and should he come in possession of any evidence or document
of or relevant to title, he shall and will hand over or cause to be handed over
to the other party or any person claiming through or under him
(4)
Each party hereby confirms that he has handed
over to and placed the other party in possession and title deeds of the
property transferred, assigned and conveyed by him
(5)
It is hereby declared that the value of the
property mentioned in each of Schedules hereto is
Rs . .....................
IN WITNESS WHEREOF, the parties
have set their hands to these presents on the day and year first hereinabove
written
First Schedule above referred to
(Description of property
transferred by the party of the First Part)
Second Schedule above referred to
(Description of property
transferred by the party of the Second Part)
WITNESSES
1 Signed
and delivered by the within named party of the First Part
2. Signed
and delivered by the within named party of the Second Part
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