Deed of Exchange of Properties where Money is Paid to Equalize
This deed of exchange, made the ……………… day of ……… between AB of, etc., of the one part, and CD of, etc., of the other part WHEREAS AB is the sole and absolute owner in possession of the property described in Schedule A hereto AND WHEREAS CD is the sole and absolute owner in possession of the property described in Schedule B AND WHEREAS the parties hereto have agreed as to mutual exchange of their said respective properties, viz., that the said AB shall grant, transfer and convey to the said CD the property in Schedule A and that said CD shall in lieu thereof grant, transfer and convey to AB the property in Schedule B. AND WHEREAS the property in Schedule A being of greater value the said CD shall pay a sum of Rs. ………… to AB for equality of exchange. Now this Deed witnesses that in pursuance of the said agreement and in consideration of the conveyance of the property described in Schedule B as hereunder effected by the said CD and of the sum of Rupees …………… paid to the said AB by the said CD on (or before) the execution of this deed for equality of exchange (the receipt whereof the said AB do hereby admit, acknowledge and confirm) the said AB as beneficial owner do hereby grant, transfer and convey unto and to the use of the said CD, free from encumbrances, all that etc. (describe the property): to have and to hold the same absolutely and forever in lieu of and in exchange of the property effected by him in favour of the said AB as hereunder appearing and this deed also witnesses that in consideration of the conveyance of the property in Schedule A by the said AB hereinbefore effected, the said CD as beneficial owner do hereby grant, transfer and convey to the said AB free from encumbrances all that, etc. (describe the property): to have and to hold the same to the said AB absolutely and forever in lieu of and in exchange for the property transferred by him as hereinbefore appearing.
It is hereby agreed and declared that each party hereto has good right full power absolute authority and indefeasible title to give grant transfer and convey the property exchanged by this Deed and that each party shall at all times hereafter peaceably and quietly hold possess and enjoy the same without any claim demand or interruption by the other and will at the request and cost of the other execute every such assurance and further would execute and perform every such act deed or thing as shall reasonably be required by the other for further and more perfectly assuring to the other the property hereby conveyed to him. by the other for further and more perfectly assuring to the other the property hereby conveyed to him.
Schedule A containing description of
AB’s property transferred to CD and its value
Schedule B description of property
of CD transferred to AB and its value
In witness whereof the parties hereto have executed these presents on the day, month and year first above-written.
Signed, sealed and delivered by AB
in the presence of:
Signed, sealed and delivered by CD
in the presence of: