Deed of Exchange of Properties by Mutual Conveyances
THIS SALE is made the . . . . . . . day of . . . . . . . , 20 . . . . . . . , by A.B., aged . . . . . . . years, son of . . . . . . . , resident of . . . . . . . , (hereinafter called ‘‘the Seller’’) IN FAVOUR of C.D., aged about . . . . . years, son of . . . . . . . , resident of . . . . . . . , (hereinafter called ‘‘the Purchaser’’).
WHEREAS the said A.B. is the absolute owner in possession of the property mentioned in Schedule ‘‘A’’ attached hereto and the said C.D. is the absolute owner in possession of the property mentioned in Schedule ‘‘B’’ attached hereto;
AND WHEREAS the said A.B. and C.D. have agreed to exchange their respective properties without any adjustment of values or payment of any extra sum of money;
AND WHEREAS the properties of A.B. and C.D. are each of the value of Rupees . . . . . . . (Rs . . . . . . . ) only;
AND WHEREAS the said C.D. has by a sale deed of even date executed by him in favour of the said A.B. transferred by way of sale absolutely the property mentioned in Schedule ‘‘B’’ hereto to the said A.B.
NOW THIS DEED WITNESSES that in pursuance of the said agreement of exchange and in consideration of the sale made by C.D. to A.B. of the properties given in Schedule ‘‘B’’ hereto the said A.B. as beneficial owner, hereby conveys to the said C.D., his heirs, successors and assigns free from all encumbrances and charges, whatsoever, the property comprised in Schedule ‘‘A’’ hereto TO HOLD the same absolutely unto and to the use of the said C.D., his heirs, successors and assigns.
IT IS FURTHER AGREED that in case of defect of title in the property hereby conveyed if the said C.D. suffers any loss or damage he shall be entitled at his option to either enforce compensation or the return of the property transferred by him AND the said A.B. will at the request of the said C.D. execute every such assurance and do every such act or thing as shall reasonably be required by the said C.D. for further and more perfectly assuring to the said C.D. the property hereby conveyed to him.
IN WITNESS whereof the said A.B. has hereto signed at . . . . . . . the day and the year first above-written.
1. Sd. A.B.
2. Sd. C.D.
Schedules ‘‘A’’ and ‘‘B’’ (as in earlier precedents).