Deed of Exchange by Gupta

V7_CH58

566 CONVEYANCING, DRAFTING & DEEDS [Ch. 58
deed of exchange is more than Rs.  100 in value, until the deed of exchange
is registered it cannot effect the transfer nor can it be received in evidence
of any transaction affecting immovable property?Jawala v Waryaman AIR
1927 Lah 90; Dalip Singh v Munshi AIR 1914 Lah 108.
An unregistered deed of exchange of properties though accompanied
by delivery of possession does not create title against each other?
Randamathan v Ranganath ILR 40 Mad 1134.
Where certain joint owners of certain property make an oral arrange-
ment with the owner of a different property for mutual transfer of ownership,
the transaction is a transfer by way of exchange which is not valid without
registration?Rajnarain v Khobdari 5 CWN 905.
There is nothing in law which requires the parties entering into a
transaction of exchange to execute two separate deeds?Gopiram v Durjan
AIR 1929 All 63.
Thus, registration is compulsory where the value of the property
exchanged is Rs. 100 or upwards.
FORMS
1
Conveyance of Freeholds in Exchange for leaseholds
assigned by Deed of even date
THIS DEED OF EXCHANGE is made the…………. day of………. BETWEEN
(First Party) of (address, etc.) (hereinafter called the First Party) of the ONE
PART AND (Second Party) of (address, etc.) (hereinafter called the Second
Party) of the OTHER PART.
WHEREAS:
(1) The first party is seized as an absolute owner in possession free
encumbrances of the property situate at………. in the……………….
described in the first schedule hereto;
(2) By a lease dated…………. and made between…………. of the One
Part and……….. of the Other Part the property situate at…………..
described in the Second Schedule hereto was demised to the
said…………. for a term of………… years from……….. subject to the
payment of the yearly rent of Rs………… and the performance and
observance of the lessee?s covenants and conditions in the said
lease reserved and contained;(3) By divers mesne assurances acts in law and events and ultimately
by a deed of assignment dated………. and made between (as-
signor) of the One Part and the Second Party of the Other Part the
said property comprised in the said lease was assigned to the
Second Party for all the residue of the said term of……….. years
then unexpired subject to the payment of the said yearly rent
reserved by and the performance and observance of the lessee?s
covenants and conditions contained in the said lease;
(4) The parties hereto have mutually agreed to exchange their said
respective properties;
(5) By a deed of assignment of even date herewith and intended to
be made between the Second Party of the One Part and the First
Party of the Other Part and executed contemporaneously with this
deed the Second Party is intending to assign to the First Party the
property situate at……….. in the…………. described in the Second
Schedule hereto for all the unexpired residue of the said term
of……….. years subject henceforth to the payment of the said yearly
rent of Rs…….. reserved by and the performance and observance
of the lessee?s covenants and conditions contained in the said
lease.
NOW THIS DEED WITNESSETH as follows:
1. In consideration of the assignment contained in the said deed of
asignment bearing even date herewith the First Party as beneficial owner
hereby conveys unto the Second Party all that the property situate at…………
in the said…………… described in the First Schedule hereto TO HOLD the
same unto the Second Party absolutely for ever.
2. The First Party hereby acknowledges the right of the Second Party
to production of the documents specified in the Third Schedule hereto and
to delivery of copies thereof and undertakes with the Second Party for the
safe custody of the same.
THE FIRST SCHEDULE ABOVE REFERRED TO:
(Description of freeholds)
THE SECOND SCHEDULE ABOVE REFERRED TO:
(Description of leaseholds)
THE THIRD SCHEDULE ABOVE REFERRED TO:
(Documents of title retained by first party)
IN WITNESS etc.
(Signature and seal of the first party)
Ch. 58] EXCHANGE?FORMS 567568 CONVEYANCING, DRAFTING & DEEDS [Ch. 58
2
Deed of exchange of properties between two persons
by a single deed
[Alternative form]
THIS INDENTURE made etc. BETWEEN A.B. etc. of the ONE PART AND C.D.
etc. of the OTHER PART.
WHEREAS the said A.B.  is seized and possessed of the hereditaments
comprised in the First Schedule hereunder written as an absolute owner
free from encumbrances and the said C.D.  is likewise seized and possessed
of the hereditaments comprised in the Second Schedule hereunder written.
AND WHEREAS the said A.B.  and C.D. have agreed to make an exchange
of the hereditaments comprised in the said First and Second Schedules
respectively in manner hereinafter appearing.
AND WHEREAS for the purpose of stamp duty to be paid on these presents
each of the said hereditaments is valued at Rs…………
NOW THIS INDENTURE WITNESSETH that in pursuance of the said agree-
ment and in consideration of the conveyance hereinafter contained by the
said C.D.  he the said A.B. hereby grants, conveys and transfers unto the
said  C.D. ALL  THAT the hereditaments comprised in the First Schedule
hereunder written TOGETHER WITH (insert general words, estate and deed
clauses) TO HAVE AND TO HOLD the same unto the said C.D. as an absolute
owner in Exchange for the hereditaments comprised in the Second
Schedule hereunder written and hereinafter granted and conveyed in
exchange by the said C.D.
AND THIS INDENTURE ALSO WITNESSETH that in further pursuance of the
said agreement and in consideration of the conveyance by the said A.B.
hereinbefore contained he the said C.D.  hereby grants, conveys, and
transfers unto the said A.B.  ALL THAT the hereditaments comprised in the
Second Schedule hereunder written TOGETHER WITH (insert general words,
estate and deed clauses) TO HAVE AND TO HOLD the same unto the said A.B.
as an absolute owner in Exchange for the hereditaments comprised in the
First Schedule hereunder written and hereinbefore granted and conveyed
in exchange by the said A.B.
AND each of the said A.B.  and C.D.  as to the hereditaments by him hereby
granted and conveyed covenants with the other of them (insert usual
covenants for title).
THE FIRST SCHEDULE ABOVE REFERRED TO :
(Describe the property granted to C.D.)
THE SECOND SCHEDULE ABOVE REFERRED TO :
(Describe the property granted to A.B.)
IN WITNESS etc.3
Deed of exchange of properties between two persons
by separate deeds
THIS INDENTURE made etc. BETWEEN A.B.  etc. (VENDOR) of the ONE PART
AND C.D. etc. (PURCHASER) of the OTHER PART.
WHEREAS the Vendor is seized and possessed of the hereditaments
comprised in the First Schedule hereunder written as an absolute estate
free from encumbrances and the Purchaser is likewise seized and pos-
sessed of the hereditaments comprised in the Second Schedule hereunder
written.
AND WHEREAS it has been agreed between the parties hereto that the
Vendor should grant and convey the hereditaments comprised in the First
Schedule hereunder written unto the Purchaser in consideration of the
Purchaser granting and conveying the hereditaments comprised in the
Second Schedule hereunder written unto the Vendor.
AND WHEREAS pursuant to and in part performance of the said agree-
ment the hereditaments comprised in the Second Schedule hereunder
written have been granted and conveyed by the Purchaser unto the Vendor
by an Indenture bearing even date with these presents and made between
the Purchaser of the one part and the Vendor of the other part.
AND WHEREAS for the purpose of stamp duty to be paid on these presents
the hereditaments comprised in the First Schedule hereunder written and
intended to be hereby granted and conveyed are valued at Rs………
NOW  THIS INDENTURE  WITNESSETH that in pursuance of the said
agreement and in consideration of the premises he the Vendor hereby
grants, conveys and transfers unto the Purchaser ALL THAT the heredita-
ments comprised in the First Schedule hereunder written TOGETHER WITH
(insert general words, estate and deed clauses) TO HAVE AND TO HOLD the
same unto the Purchaser in free simple absolutely.
AND the Vendor hereby covenants with the Purchaser (Insert usual
covenants for title).
THE FIRST SCHEDULE ABOVE REFERRED TO :
(Describe the property granted to Purchaser)
THE SECOND SCHEDULE ABOVE REFERRED TO:
(Describe the property granted to Vendor)
IN WITNESS etc.
Ch. 58] EXCHANGE?FORMS 569570 CONVEYANCING, DRAFTING & DEEDS [Ch. 58
4
Exchange of freehold premises between three
individuals by one deed
THIS INDENTURE made the………… day of………. 20…. BETWEEN A.B.  of
etc. of the FIRST PART, C.D.  of etc. of the SECOND PART, and E.F .  of etc. of
the THIRD PART: WITNESSETH that, in consideration of the grant in exchange
intended to be hereinafter made by the said C.D., he the said A.B.  doth
hereby grant unto the said E.F .  and his heirs,  ALL  THAT messuage or
farmhouse and parcels of land known as……….. farm, situate etc. (Parcels,
referring to a schedule and plan); TO HAVE AND TO HOLD the said premises
hereinbefore expressed to be hereby granted UNTO the said E.F .  and his
heirs, TO THE USE of the said C.D. his heirs and assigns, IN EXCHANGE for
the mansion-house gardens pleasure-ground lands hereditaments here-
inafter expressed to be hereby granted in exchange by the said C.D.: AND
THIS INDENTURE ALSO WITNESSETH that, in consideration of the grant in
exchange hereinbefore expressed to be hereby made by the said A.B., he
the said C.D.  doth hereby grant unto the said E.F .  and his heirs, ALL THAT
mansion-house called etc. (Parcels): TOGETHER WITH (General words and
Estate clause): TO HAVE AND TO HOLD the said premises hereinbefore lastly
expressed to be hereby granted UNTO the said E.F .  and his heirs, TO THE
USE of the said A.B.  his heirs and assigns, IN EXCHANGE for the said
messuage lands and hereditaments hereinbefore expressed to be hereby
granted in exchange by the said A.B.: AND THE SAID A.B., so far only as
relates to the premises first hereinbefore described and expressed to be
hereby granted by him in exchange, doth hereby for himself his heirs
executors and administrators, and the said C.D., so far only as relates to
the premises secondly hereinbefore described and expressed to be hereby
granted by him in exchange doth hereby for himself his heirs, executors and
administrators, covenant with the said E.F.  and his heirs, THAT, notwithstand-
ing anything by the said A.B.  and C.D.  respectively, or any of their respective
ancestors or testators, of the said A.B.  and E.F.  done omitted or knowingly
suffered, they the said A.B.  and C.D. his wife and E.F.  now have power to
grant release and dispose of all the said premises hereinbefore expressed
to be hereby assured and every part thereof, to the uses hereinbefore
declared; AND THAT the same premises shall at all times remain and be to
the uses hereinbefore and declared, and be quietly entered into and upon
and held and enjoyed, and the rents and profits thereof received respec-
tively by the said A.B. his heirs appointees and assigns, and by the said
E.F.  his heirs and assigns accordingly, without any interruption or distur-
bance by them the said A.B.  and C.D. his wife and E.F.  or any of them or
any person claiming through or in trust for them respectively, or any of them,
or any of the ancestors or testators of the said A.B.  and E.F.  respectively
AND THAT free and discharged from or otherwise by them the said A.B.  andE.F.  respectively or their respective heirs executors or administrators
sufficiently indemnified against all estates incumbrances claims and
demands created occasioned or made by the said A.B.  and C.D.  his wife
and E.F.  or any of them or by any of the ancestors or testators of the said
A.B.  and E.F . respectively or by any person claiming though or in trust for
them or any of them, or any of the ancestors or testators of the said A.B.
and E.F . respectively: AND FURTHER that they the said A.B. and E.F . his wife
and C.D.  respectively, and every person having or claiming any estate or
interest in the said premises or any part thereof through or in trust for them
respectively, or any of the ancestors or testators of the said A.B. and E.F .
respectively, will at all times at the cost of the person or persons for the time
being seized of and interested in the premises under the uses hereinbefore
declared, execute and do every such assurance and thing for the further
or more perfectly assuring all or any part of the said premises to the uses
hereinbefore declared, as by the said A.B. and E.F.  respectively or other
the person or persons aforesaid shall be reasonably required:
PROVIDED ALWAYS and it is hereby agreed and declared that, if either of
them the said A.B.  and C.D.  his heirs or assigns shall (without his or their
wilful neglect or default) be evicted or turned out of the possession of the
said premises hereinbefore expressed to be hereby granted to the use of
him his heirs and assigns by any person or persons having or claiming any
estate right title or interest in or to the same premises, then and in such
case it shall be lawful for such one of them the said A.B.  and C.D.  his heirs
or assigns as shall be so evicted or turned out of possession into and upon
the said premises hereinbefore expressed to be granted by him to enter,
and to hold and enjoy the same and to receive and take the rents and profits
thereof to his and their own use, as if these presents had not been executed.
SCHEDULE
The Schedule referred to in the foregoing indenture
IN WITNESS WHEREOF etc.
5
Agreement for exchange of properties between two owners
AN AGREEMENT made the……………….  day of………………. BETWEEN A.B.
of etc., of the ONE PART, and C.D., of etc., of the OTHER PART.
1. The said A.B. being seized and possessed of  ALL THAT  the here-
ditaments and premises comprised in the First Schedule hereto, and the
said C.D., being seized and possessed of ALL THAT the hereditaments and
premises comprised in the Second Schedule hereto, hereby agree to
exchange the same (and the said C.D. agrees to pay to the said A.B.  the
sum of Rs……………. by way of equality of exchange).
Ch. 58] EXCHANGE?FORMS 571572 CONVEYANCING, DRAFTING & DEEDS [Ch. 58
2. The exchange shall be completed (and the said sum of Rs…………….
for equality of exchange shall be paid on the………………. day of……………….
next, and from that day each party shall be entitled to the possession or
receipt of the rents and profits of the hereditaments to be taken by him, the
–
outgoings up to that time being cleared by the present owner (and if from
any cause whatever the exchange shall not be completed on that day the
said C.D.  shall pay interest on the said sum of Rs………………. at the rate
of Rs………………. per cent per annum from that day until the completion of
the exchange.)
3. All objections and requisitions by either party to or on the title or
evidence of title or the abstract of title to the property to be taken by him
or this Agreement shall be stated in writing and sent to the solicitors of the
other party within………………. days from the delivery of the abstract, and
subject thereto the title shall be deemed accepted, and all objects and
requisitions not made within that time shall be deemed to be waived, and
an abstract, though in fact imperfect, shall be deemed perfect except for
the purpose of any further objections or requisitions which could not be
taken or made on the information therein contained. And an answer to any
objection or requisition shall be replied to in writing within ten days after
the delivery thereof, and if not so replied to, shall be considered satisfactory
and time shall be deemed in all respects as of the essence of this clause;
And if either party shall make any objection or requisition in respect of
the title or any matter relating or incidental to the exchange, which the other
party shall be unable or on the ground of expense unwilling to remove or
comply with, or if any question shall arise as to the deeds of exchange, and
the objecting party shall not withdraw such objection or requisition or waive
the question within seven days after being required so to do, the party to
whom the objection or requisition shall be made may by notice in writing
delivered to the other party or his solicitors (notwithstanding any interme-
diate negotiation or litigation), rescind this Agreement, in which case the
abstract of title and all other papers which shall have been delivered by
either party shall have any claim against the other for costs, compensation,
or otherwise.
4. The Deed of Exchange shall be prepared by the said A.B. and the
engrossment thereof shall be delivered to the solicitors of the said C.D. at
least ten days before the date fixed for completion for execution by the said
C.D. and all other parties (if any) necessary for conveying the said
hereditaments and premises to be conveyed by him, and for enabling his
solicitors to engross the deed which shall within two days be delivered to
the solicitors of the said A.B.  for execution by him and all other parties (if
any) necessary for conveying the said premises to be conveyed by him and
the said A.B. shall free of cost produce the original duly stamped, to enable
the said C.D.  to execute the same.  (The costs of and incidental to the
preparation, approval, stamping, and execution of the deed of exchangeshall be borne by the parties hereto in equal shares.) The draft of the said
deed of exchange for perusal and approval on behalf of the said C.D.  and
other necessary parties as aforesaid shall be left at the office of his solicitors
at lease seven days before the delivery of the engrossment (and time shall
be of the essence of this clause).
On the day fixed upon mutual agreement the transaction shall be carried
out by mutual conveyances of even date, each conveyance to be prepared
by and at the expense of the party to whom the same is made. And each
of the parties shall acknowledge the right of the other to production of the
conveyance retained by him.
THE FIRST SCHEDULE ABOVE REFERRED TO :
[Particulars of hereditaments to be conveyed by the said A.B.]
THE SECOND SCHEDULE ABOVE REFERRED TO :
[Particulars of hereditaments to be conveyed by the said C.D.]
AS WITNESS, etc.
[Signatures of both the parties]
6
Agreement for exchange of one right of way for another
THIS AGREEMENT made the………………. day of……………….  BETWEEN
(First Party) of etc. of the ONE PART and (Second Party) of etc. of the OTHER
PART.
WHEREAS :
(1) The said (First Party) is seised and possessed of the land, situate
at…………….. and coloured (blue and yellow) on the plan hereunto annexed,
subject to the right of way more fully described in the schedule ?A? hereto
the said (Second Party) and his family, friends, servants and licensees at
all time to pass and repass with or without cars, carts, carriages and other
vehicles upon, over and along the private road or way, on the north part
thereof coloured (yellow) on the said plan annexed hereto, and leading from
his dwelling-house at……………aforesaid to the town of………………. in
the……………….
(2) The said (first party) bas lately made on the west side of his said land
another road or way, coloured (pink) on the said plan, and leading from his
said dwelling-house to the said (Second Party), he has agreed to exchange
his right of way over the said road coloured (yellow) for and in lieu of the
Ch. 58] EXCHANGE?FORMS 573574 CONVEYANCING, DRAFTING & DEEDS [Ch. 58
free and uninterrupted use of such new road from the point designated by
the letter ?A? to the point designated by the letter ?B? on the said plan in all
respects as he as heretofore used the said road or way coloured (yellow).
NOW IT IS HEREBY AGREED as follows :
1. The said (first party) will at any time hereafter, at the request and
expense of the said (second party) effectually convey to him all that the full,
free and undisturbed right for him and them and his and their families,
friends, servants, workmen, and others, having his or their authority at all
times, to pass and repass upon, over and along the said road coloured
(pink) on the said plan from the point marked ?A? to the point marked ?B?,
with cars, carts, carriages and other vehicles in as full, free and uninter-
rupted manner as the said (Second Party) has heretofore used the said right
of way upon, over and along the said road coloured (yellow) and that in the
meantime, and until such conveyance shall have been executed, the said
(Second Party) shall and lawfully may use and enjoy the said right of way
over the said road coloured (pink) accordingly.
2. The said (Second Party) will at any time hereafter, at the request and
expense of the said (First Party) effectually release to him, the said right
of way now enjoyed by the said (Second Party) upon, over, and along the
said road coloured (yellow) as aforesaid.
3. The said conveyance shall be prepared and engrossed by the solicitor
of the said (Second Party) and the said release shall be prepared and
engrossed by the solicitor of the said (First Party). Each party shall accept
without investigation the title of the other party upon delivery of sufficient
abstracts to enable such conveyance and release to be respectively
prepared.
4. The said (First Party) shall henceforth, at his own expense, maintain
and keep the said road coloured (pink) in good repair.
5. The said (Second Party) shall not do any avoidable damage to the
surface of the land coloured (pink) on the said plan or load or unload any
,goods, articles, or things whatsoever thereon, or rest or remain longer
thereon than may be absolutely unavoidable, or make, occasion or permit
any nuisance thereon.
THE SCHEDULE ?A? ABOVE REFERRED TO:
IN WITNESS, etc.
[Signatures of parties]7
Agreement for exchange of immovable properties between a
beneficiary and trustees?provisions as to release
of existing encumbrances
AN AGREEMENT made, etc. BETWEEN A.B.  etc. (hereinafter called the
Beneficiary), of the ONE PART and C.D. of etc. and E.F . of etc. (hereinafter
called the Trustees), of the OTHER PART :
1. This Agreement is entered into by the Beneficiary as one of the
beneficiaries of the estates known as the……………….  Estates, situated
at………………., under a Settlement dated the………………. day of……………….
and made between, etc. and by the trustees as the executors of the Will
dated………………., of the late X.Y. (who died on the………………. day
of……………….). The Trustees are acting on behalf of other beneficiaries of
the trust estate fully mentioned in the Second Schedule hereto, and this
Agreement carried into effect by all the parties hereto under the provision
of the will dated……………….
2. The said A.B. shall convey ALL THOSE, etc., all of which properties are
more particularly described in the First Schedule hereto and are delineated
on the Plan No.  1 hereto, and are thereon edged red, in consideration and
exchange for the properties mentioned in clause 4 of this Agreement and
of the sum of Rs……………. by way of equality for exchange to be paid by
the Trustees for the purposes of the said agreement.
3. The Trustees and all other necessary parties (if any) shall convey ALL
THOSE properties known as, etc. and more particularly described in the
Second Schedule hereto and delineated on the Plan No.  2 hereto, and
thereon edged blue, TO THE USES of the said A.B.
4. The abstract of title to the property of the said A.B.  shall commence
with an Indenture of Conveyance dated the………………. day of……………….
AND the abstract of title to the property of the Trustees acting on behalf of
the other beneficiaries shall commence with a Deed of Settlement dated
the………………. day of……………….  AND the prior titles shall not be required,
enquired into, or objected to, whether the documents relating to the same
shall appear to be respectively in the possession of the Tenant for Life or
the Trustees or not.
5. The said A.B.  and the Trustees shall not be respectively entitled to
require any further or other evidence of the identity of the property than such
(if any) as is aforeded by comparison of the descriptions in the abstracted
documents/declaration to be made respectively, at the expense of the
person or persons requiring it that the property has been held by the said
A.B.  and his predecessors in title, or by the Trustees and their predecessors
in title, as the case may be, for a period of twelve years and upwards in
accordance with the respective titles shown.
Ch. 58] EXCHANGE?FORMS 575576 CONVEYANCING, DRAFTING & DEEDS [Ch. 58
6. The property of the said A.B.  (with other family property) is subject
to the following charges and encumbrances, that is to say :
A mortgage to the………………. Society executed under an indenture of
Mortgage dated………………. and registered in the Office of the Registrar of
Assurances at………………. and entered in Book No……………….  Vol.
No………………. Pages…………. to……………. for the year 20……. The said
Society shall join to convey and release the said properties mentioned in
the First Schedule hereto from the principal sum and interest remaining
owing to them.
7. The property of the Trustees is, with other hereditaments, subject to
the following encumbrances (that is to say) 😕
(1) A mortgage in favour of P .Q. executed under an Indenture of
Mortgage dated…………….. and registered with the District Regis-
trar at……………. and entered in Book No……………. Vol. No…………..
Pages………….. to……………. Being No………….. for the year 20……
The mortgagees shall join to convey and release the said prop-
erties mentioned in the Second Schedule hereto from the principal
sum and interest remaining owing.
(2) Certain instalments of Municipal taxes which on the……………….
day of……………. became payable and remain outstanding as on
the date of these presents.  The said A.B.  shall make no objection
in respect thereof nor require the said Municipal taxes to be paid
before completion of the transaction, but shall accept a separate
undertakings whereby the said A.B.  shall be indemnified against
all claims in respect of the said taxes and on the payment of the
final instalment to produce the proper evidence of the discharge
of the said taxes.
8. All objections and requisitions by either party to or on the title or
evidence of title or the abstract of title to the property to be taken by him
or this Agreement shall be stated in writing and sent to the solicitors of the
other party within………… days from the delivery of the abstract, and subject
thereto the title shall be deemed accepted, and all objections and requi-
sitions not made within that time shall be deemed to be waived, and an
abstract though in fact imperfect, shall be deemed perfect except for the
purpose of any further objections or requisitions which could not be taken
or made on the information therein contained.
9. (1) An answer to any objection or requisition shall be replied to in
writing within…………. days after the delivery thereof, and if not so
replied to, shall be considered satsfactory and time shall be
deemed in all respects as of the essence of this clause.
(2) If either party shall make any objection or requisition in respect of
the title or any matter relating or incidental to the exchange, whichthe other party shall be unable or on the ground of expense
unwilling to remove or comply with, or if any question shall arise
as to the deed of exchange, and the objecting party shall not within
seven days after being required so to do, the party or his solicitors
(notwithstanding any intermediate negotiation or litigation), re-
scind this Agreement, in which case the abstract of title and all
other papers which shall have been delivered by either party to the
other shall be mutually returned, and neither party shall have any
claim against the other for costs, compensation, or otherwise.
10.  The said exchange shall be completed and the said sum of
Rs…………. for equality of exchange shall be paid on the……………. day
of………………. next, and from that day each party shall be entitled to the
possession or receipt of the rents and profits of the hereditaments to be
taken by him, the outgoings up to that time being cleared by the present
owner and if from any cause what ever the exchange shall not be completed
on that day the said C.D. shall pay interest on the said sum of Rs…………..
at the rate of Rs……….. per cent per annum from that day until the completion
of the exchange.
11. On the day fixed upon mutual agreement, the transaction shall be
carried out by mutual conveyances of even date, each conveyance to be
prepared by and at the expense of the party to whom the same is made.
And each of the parties shall acknowledge the right of the other to
production of the conveyance retained by him.
12. The trustees shall not require any covenant for title by the said A.B.
except the statutory covenants implied by his conveying, as Beneficial
Owner.
THE FIRST SCHEDULE ABOVE REFERRED TO :
[Particulars of hereditaments to be conveyed by the said A.B.]
THE SECOND SCHEDULE ABOVE REFERRED TO :
[Particulars of hereditaments to be conveyed by the said C.D.]
AS WITNESS, etc.
[Signatures of both the parties]
8
Agreement for exchange of immovable properties
[Alternative form]
THIS AGREEMENT is made the………….. day of………….. BETWEEN (First
Party) of etc. of the ONE PART, and (Second Party) of etc.  of the OTHER PART.
Ch. 58] EXCHANGE?FORMS 577
G : CDD (Vol. 7) ? 37578 CONVEYANCING, DRAFTING & DEEDS [Ch. 58
WHEREAS :
1. The said (First Party) is seized as an absolute owner in possession
free from encumbrances, of all that (parcels) known as………… containing
by estimation………… acres, or thereabouts, and situate at………… and now
in the occupation of (tenant), and coloured (green) in the plan annexed
hereto more fully described in the Schedule ?A? hereto.
2. The said (Second Party) is similarly seized of several pieces of land
containing by admeasurement………… acres, lying dispensedly in the…………
and now in the several occupations of (tenants), and coloured (pink) in the
plan annexed hereto, more fully described in the Schedule ?B? hereto.
3.  The parties hereto are desirous of exchanging their respective
hereditaments upon and subject to the terms and conditions hereinafter
mentioned.
NOW IT IS HEREBY AGREED as follows :
1. Each of the parties hereto will on the………….. day of………….. execute
a proper assurance of his said hereditaments to the other of the said parties
or as he shall direct.
2. Each party will, on or before the………….. day of………….. next, at his
own expense, deliver to the other, abstract of his titles to the premises to
be exchanged by him, and such titles respectively shall be deduced for a
period of not less than………….. years. All questions, if any, in dispute relating
to either title shall be referred to and determined by Mr………….. as counsel
on behalf of both parties and if, in his opinion, such title is not and cannot
be made marketable, this agreement shall become void, and the party to
which such property belongs shall bear all the expenses incurred under or
by virtue hereof.
3. Each party shall be entitled to an apportioned part of the rents and
profits of the property so to be assured by him as aforesaid, up to the day
fixed for completion of the said exchange, such part to be ascertained by
valuation as hereinafter mentioned. And each party hereto shall defray all
outgoings payable in respect of his property up to that day, and a proper
proportion of the current rates, taxes and other outgoings charged thereon,
or assessed and payable by the owner in respect thereof.
4. The value of the property exchanged by each party hereto and the
proportions of the rents and profits thereof as aforesaid, and of the rates
and taxes and other outgoings as aforesaid shall be ascertained and
determined by (surveyor) of etc. and in case either property shall be found
to exceed the value of the other, the party to whom the same shall be
assured shall and will pay to the other of them, on the completion of the
said exchange the amount of such excess by way of equality of exchange.
The exchange shall be completed on the said…………day of………… at the
office of the solicitors of the said (First Party).5. No errors in the description of either of the said properties shall vacate
the contract but shall form the subject of compensation the amount whereof
shall be determined by the said (Surveyor).
6. No loss or damage occasioned or arising from any intervening
accidents whatever, nor any act occasioning a decrease in value, not being
wilful on the part of the uninjured party, shall affect this contract, or entitle
the other party to completion in respect thereof but all benefits and
advantages arising from any increase in value of either property shall
belong to the party entitled thereto according to the said exchange.
SCHEDULE ?A? ABOVE REFERRED TO :
[Description of properties of the First Party]
SCHEDULE ?B? ABOVE REFERRED TO :
[Description of properties of the Second Party]
IN WITNESS, etc.
[Signtures of both the parties]
9
Agreement for exchange of immovable properties
between two owners
AN AGREEMENT made the………….. day of………….. BETWEEN [first party]
of………….. [address, etc.] (hereinafter called the first party) of the One Part
and [second party] of [address, etc.] (hereinafter called the second party)
of the Other Part.
WHEREBY IT IS AGREED as follows :
1. The first party being seized as an absolute owner in possession free
from encumbrances of the property described in the First Schedule hereto
and the second party being seized as an absolute owner in possession free
from encumbrances of the property described in the Second Schedule
hereto will give and take in exchange their said respective properties and
the second party will pay by way of equality of exchange to the first party
the sum of Rs…………..
2. Pending completion the property hereby agreed to be given in
exchange by the one party shall be at the risk of the other party as to loss
or damage by fire or other accident but subject to the consent of the
insurance company being obtained and the payment by him on completion
of a proportionate part of the premium for the unexpired period thereof each
party shall be entitled to the benefit of the policy of insurance of the other
Ch. 58] EXCHANGE?FORMS 579580 CONVEYANCING, DRAFTING & DEEDS [Ch. 58
party relating to the said property agreed to be given in exchange by that
other.
3. Each party shall within………….. days from the date hereof at his own
expense deliver to the other party or his solicitor an abstract of his title to
the said property.   The title of the first party shall commence with [a
conveyance on sale dated…………..]. The title of the second party shall
commence with [a conveyance on sale dated…………..]. Neither party shall
require the production of or investigate or make any requisition or objection
in respect of the prior title however it may come to his knowledge.
4. Each party shall deliver his objections and requisitions (if any) in
respect of the title to the solicitor of the other party within………….. days from
the delivery of the abstract of the title of the other party as aforesaid and
in this respect time shall be of the essence of the contract and in default
of any requisitions and objections being so delivered or subject only to such
requisitions and objections (if any) as shall be so delivered each party shall
be deemed to have accepted the title of the other. If either party shall insist
on any objection or requisition which the other party shall be unable or on
the ground of expense unwilling to remove or comply with the party upon
whom such objection or requisition has been made may by notice in writing
rescind this agreement and in that case each party shall return to
the other
party all papers delivered to him by the other party and shall pay his own
costs whether incurred in investigating the title or otherwise in relation to
this agreement.
5. The respective properties are exchanged subject to all the existing
tenancies and all claims of tenants by contract custom statute or otherwise
and all rents and outgoings and all easements and quasi-easements and
liabilities to maintain fences repair roads and the like to which the same
may be subject.
6.  The respective properties are believed and shall be taken to be
correctly described and no error omission or misdescription shall annul the
exchange nor shall any compensation be allowed by either party to the other
in respect thereof [or but if any error omission or misdescription shall be
discovered before completion of the exchange (but not afterwards) the
same shall be the subject of compensation to be assessed in case the
parties differ by a single arbitrator in accordance with the provisions of the
Arbitration and Conciliation Act, 1996 or any statutory modification or re-
enactment thereof for the time being in force].
7. The exchange shall be completed [and the said sum of Rs…………..
shall be paid] on………….. 2024 at the office at [address] of [solicitors] the
solicitors of the first party.
8. The instrument[s] of exchange shall be prepared by the solicitors of
the first party and sent for perusal and approval to the solicitors of the
second party within [fourteen] days from the date hereof and in case theparties are unable to agree upon the form of the assurance, the assurance
shall be settled by [name] of barrister-at-law [or by counsel to be nominated
by the solicitor of the first party].  The engrossment duly executed in duplicate
by all persons necessary for conveying [transferring] the property com-
prised in the first schedule hereto shall be delivered by the solicitor of the
first party to the solicitor of the second party [three] days before the day
fixed for completion and shall
,
be produced by the latter executed by all
persons necessary for conveying [transferring] the property comprised in
the second schedule hereto on the day fixed for completion. [If the exchange
is not effected by duplicate originals but by an original and duplicate, add].
The original shall be retained by the said [party who is to retain original,
e.g. party paying money for equality] and the duplicate by the other party.]
All the costs of and incidental to the preparation approval stamping and
execution of the said assurances shall be borne by the parties hereto in
equal shares [or, the exchange is by separate assurances, On the date fixed
for completion each party and all other necessary persons (if any) shall
execute a proper assurance of the said property to be given in exchange
by him to the other party such assurance to be prepared by and at the
expense of the party to whom the assurance is to be made].
9. On actual completion of the exchange each party shall be entitled to
possession or receipt of the rents and profits of the said property agreed
to be taken in exchange by him as from 2024 [or as from the day fixed for
completion] and as from that date shall be liable for all outgoings such rents
profits and outgoings to be apportioned if necessary.
10. If from any cause whatever other than the wilful default of the first
party the exchange shall not be completed on or before 2024 the second
party shall pay to the first party interest at the rate of………….. per cent per
annum upon the said sum of Rs………….. payable as aforesaid for equality
of exchange from that day until the completion of the exchange.
11. Each party will hand over to the other party such of the documents
of title (if any) as relate exclusively to the said property agreed to be given
in exchange by him. All other documents of title in the possession of either
party will be retained and the party so retaining them will if required give
to the other party a statutory acknowledgment of the right to production and
delivery of copies thereof and will undertake for the safe custody of the same
such acknowledgment and undertaking to be prepared by and at the
expense of the party requiring the same.
FIRST SCHEDULE
[Property to be given by first party]
SECOND SCHEDULE
[Property to be given by second party]
AS WITNESS etc.
[Signatures of both parties]
Ch. 58] EXCHANGE?FORMS 581582 CONVEYANCING, DRAFTING & DEEDS [Ch. 58
10
Agreement for exchange of properties between two owners
[Short form]
AN AGREEMENT made the………….. day of………….. BETWEEN [first party]
of [address, etc.] of the One Part and [second party] of………….. [address,
etc.] of the Other Part.
WHEREBY IT IS AGREED as follows :
1. The said [first party] being seized as an absolute owner in possession
free from encumbrances of the property described in the First Schedule
hereto and the said [second party] being seized as an absolute owner in
possession free from encumbrances of the property described in the
Second Schedule hereto will give and take in exchange their said respective
properties.
2.  The costs and expenses of and incidental to effecting the said
exchange as aforesaid and of and incidental to the negotiation preparation
and execution of this agreement shall be paid by the parties hereto in equal
shares.
3. If on account of the default of either party hereto the said exchange
shall not be completed within………… months from the date hereof the other
party may by notice in writing to the party in default rescind this agreement
and thereupon the party in default shall pay to the other party all costs and
expenses incurred by him in connection with this transaction.
FIRST SCHEDULE
[Particulars of property to be given by first party]
SECOND SCHEDULE
[Particulars of property to be given by second party]
AS WITNESS etc.
[Signatures of both parties]
11
Deed of exchange of immovable properties
[Short form]
THIS DEED OF EXCHANGE made the………….. day of………….. BETWEEN
[owner] of [address, etc.] (hereinafter called the owner) of the One Part and
[grantee] of [address, etc.] (hereinafter called the grantee) of the Other Part.WITNESSETH as follows:
1.  The owner who is the absolute owner in possession free from
encumbrances of the property described in the first schedule hereto in
pursuance of an agreement between the parties hereto for the exchange
thereof with the grantee for the property described in the second schedule
hereto and in consideration of the conveyance of the last-mentioned
property effected by a conveyance bearing even date herewith and made
between the parties hereto but in the inverse order [and of the sum of
Rs………….. paid by the grantee to the owner by way of equality of exchange
(the receipt whereof the owner hereby acknowledges)] as beneficial owner
hereby conveys unto the grantee all that the property described in the first
schedule hereto and delineated and coloured [red] on the plan annexed
hereto TO HOLD the same unto the grantee in fee simple.
2. The owner hereby acknowledges the right of the grantee to production
of ?the documents specified in the third schedule hereto and to delivery of
copies thereof and undertakes with the grantee for the safe custody of the
same.
FIRST SCHEDULE
[Description of property conveyed by owner]
SECOND SCHEDULE
[Description of property conveyed by grantee]
THIRD SCHEDULE
[Documents of title retained by owner]
IN WITNESS etc.
[Signature of owner]
12
Deed of exchange by a single document where
equalisation money is paid
THIS DEED OF EXCHANGE made at………….. this………….. day
of…………..20…. BETWEEN A.B.  residing at………….. of the ONE PART
and C.D. residing at………….. of the OTHER PART.
WHEREAS A.B. is seized and possessed of as absolute owner of the
lands more particularly described in the First Schedule hereunder written
and C.D. is seized and possessed of as an absolute owner the lands more
particularly described in the Second Schedule hereunder written.
AND WHEREAS the value of the property agreed to be transferred by A.B.
Ch. 58] EXCHANGE?FORMS 583584 CONVEYANCING, DRAFTING & DEEDS [Ch. 58
is Rs………….. and the value of the property agreed to be transferred by C.D.
is Rs………….. and the parties have agreed to pay and receive the difference
in value in cash :
NOW THEREFORE THIS DEED WITNESSES as follows :
1. In pursuance of the said agreement the said A.B. hereby grants,
transfers and conveys unto the said C.D.  ALL  THOSE the lands more
particularly described in the First Schedule hereto TO HOLD unto the said
C.D. his heirs, executors, administrators and assigns absolutely and forever
free from all encumbrances, charges and liens whatsoever.
2. In further pursuance of the said agreement the said C.D. hereby grants,
transfers and conveys unto the said A.B.  ALL  THAT the house more
particularly described in the Second Schedule hereto TO HOLD unto the said
A.B., his heirs, executors, administrators and assigns absolutely and for
ever free from all encumbrances, charges and liens whatsoever.
3. Each of the parties hereto covenants with the other:
(1) That the property hereby transferred by him is not subject to any
notice of acquisition or requisition or is not subject to any charge
or encumbrance on account of any arrear land-revenue, Income-
tax or any other statutory claims;
(2) That the property hereby transferred by him and the rent and profits
thereof shall be quietly enjoyed by the transferee without any
disturbance or interruption whatsoever;
(3) That at the request and cost of the other party the parties hereto
shall execute such assurances and do such acts, deeds and things
as shall be reasonably necessary for the more perfectly assuring
unto such other the title to the property hereby transferred; AND
(4) That in the event of any defect in title or any disturbances of
possession by the other or those claiming through or under him,
this transanction shall be null and void and the parties hereto shall
be relegated to the same position in which they were prior to this
transaction.
4. The said A.B.  has paid on or before the execution of this deed by way
of equality of the value of the property exchanged hereunder, a sum of
Rs………….. by a cheque drawn on the………….. Bank to the said C.D. (a
receipt whereof the said C.D.  has separately acknowledged).
5. The original deed of exchange shall be retained by A.B.  and the
duplicate, duly signed and stamped, shall be retained by the C.D.  and shall
for all purposes be treated as the original.
THE FIRST SCHEDULE ABOVE REFERRED TO :
THE SECOND SCHEDULE ABOVE REFERRED TO :
IN WITNESS WHEREOF , the parties hereto have hereunto set and sub-scribed their respective hand and seal the day and year first hereinabove
written.
SIGNED SEALED AND DELIVERED by
the within-named A.B., etc……………….
In the presence of……………………
SIGNED SEALED AND DELIVERED  by
the within-named C.D.,
etc………………..
In the presence of………………………….
13
Exchange by separate mutual conveyances
[Short Form]
THIS INDENTURE, made the………….. day of………….., BETWEEN A.B.  of
etc. of the ONE PART, and C.D.  of etc. of the OTHER PART.
WHEREAS the said A.B.  being seized and possessed of free from
encumbrances of ALL THAT the hereditaments and premises mentioned in
the First Schedule hereto, and the said C.D.  being seised and possessed
of free from encumbrances of ALL THAT the hereditaments and premises
mentioned in the Second Schedule hereto, have agreed to exchange the
same (and the said C.D.  has agreed to pay the sum of Rs………….. for
equality of exchange).
AND  WHEREAS  in part performance of the said agreement, by an
Indenture bearing even date with these presents, and made between the
said C.D.  of the one part, and that said A.B.  of the other part, the properties
mentioned in the Second Schedule hereto have been conveyed by the said
C.D. to the said A.B.  absolutely and forever.
NOW  THIS IDENTURE WITNESSETH  that, in further pursuance of the
aforesaid agreement and in consideration of the conveyance made by the
said Indenture of even date herewith (and of the sum of Rs………….. now
paid by the said C.D. to the said A.B. (the receipt whereof the said A.B.
hereby acknowledges), the said A.B., as the sole and Owner hereby
conveys unto the said C.D. ALL THOSE pieces of land situated at…………..
containing in the whole or thereabouts, and more particularly described in
the First Schedule hereto and delineated on the plan drawn on these
presents and thereon coloured……………
SCHEDULE
IN WITNESS etc.
[Signatures of both the parties]
Ch. 58] EXCHANGE?FORMS 585586 CONVEYANCING, DRAFTING & DEEDS [Ch. 58
14
Deed of exchange between two owners of properties
of equal value
[Alternative form]
THIS DEED OF EXCHANGE made at………….. this………….. day of…………..
20…… BETWEEN A.B.  residing at………….. of the ONE PART AND C.D. residing
at………………. of the OTHER PART.
WHEREAS A.B.  is seized and possessed as absolute owner of the lands
more particularly described in the First Schedule hereunder written;
AND WHEREAS C.D.  is seized and possessed as absolute owner of the
house more particularly described in the Second Schedule hereunder
written;
AND WHEREAS the parties hereto have agreed to exchange the pro-
perties described in the First and The Second Schedules in the manner
hereinafter mentioned ;
NOW THEREFORE THIS DEED WITNESSES as follows :
1. In pursuance of the said agreement the said A.B. hereby grants,
transfers and conveys to the said C.D.  ALL  THOSE  the lands more particularly
described in the First Schedule hereto TO HOLD unto the said C.D.  his heirs,
executors, administrators and assigns absolutely.
2. In further pursuance of the said agreement the said C.D. hereby grants,
transfers and conveys to the said A.B. ALL THAT the house more particularly
described in the Second Schedule hereto TO HOLD unto the said A.B., his
heirs, executors, administrators and assigns absolutely.
3. Each of the parties hereto covenants with the other?
(1) That the property hereby transferred by him is unencumbered;
(2) That the property hereby transferred by him and the rent and profits
thereof shall be quietly enjoyed by the transferee without any
disturbance or interruption whatsoever;
(3) That at the request and cost of the other party the parties hereto
shall execute such assurances and do such acts, deeds and things
as shall be reasonably necessary for the more perfectly assuring
unto such other the title to the property hereby transferred;
(4) That in the event of any defect in title or any disturbance of
possession by the other or those claiming through or under him,
this transaction shall be null and void and the parties hereto shall
be relegated to the same position in which they were prior to this
transaction.4. The value of each of the properties hereby exchanged, is Rs…………..
5. The original deed of exchange shall be retained by A.B.  and the
duplicate, duly signed and stamped, shall be retained as the original.
THE FIRST SCHEDULE ABOVE REFERRED TO :
[Description of the lands of A.B.]
THE SECOND SCHEDULE ABOVE REFERRED TO:
[Description of the house of C.D.]
IN WITNESS WHEREOF , the parties hereto have hereunto set and subs-
cribed their respective hand and seal the day and year first hereinabove
written.
SIGNED SEALED AND DELIVERED  by
the within-named A.B., etc………………
In the presence of…………………………
SIGNED SEALED AND DELIVERED  by
the within-named C.D., etc……………….
In the presence of………………………
15
Exchange of properties between two owners by
two separate deeds executed
THIS INDENTURE is made the………….. day of………. 20……… BETWEEN
A.B.  aged………….. years, son of………….. resident of………….. (hereinafter
called  ?the SELLER?) of the One Part AND C.D.  aged about……….. years, son
of………….. resident of………….. (hereinafter called the PURCHASER) of the
Other Part.
WHEREAS  the said A.B.  is the absolute owner in possession of the
property mentioned in the SCHEDULE ?A? hereto and the said C.D. is the
absolute owner in possession of the property mentioned in the SCHEDULE
?B? 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 and/or exchange
absolutely the property mentioned in the Schedule ?B? hereto to the said
A.B.  upon the consideration that the said A.B. also, shall transfer by way
Ch. 58] EXCHANGE?FORMS 587588 CONVEYANCING, DRAFTING & DEEDS [Ch. 58
of exchange absolutely the property mentioned in the Schedule ?A? to the
said C.D.
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 the Schedule  ?B? hereto the said A.B.  as beneficial
owner, hereby conveys, transfers, assigns and assures with the said C.D.
his heirs, successors and assigns  ?free? from all encumbrances and
charges, whatsoever, the property comprised in the 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 AND DECLARED 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.
THE SCHEDULE ?A? ABOVE REFERRED TO :
[Particulars of properties held by A.B.]
THE SCHEDULE ?B? ABOVE REFERRED TO :
[Particulars of properties held by C.D.]
IN WITNESS WHEREOF  the said A.B.  has hereto signed at………….. the day
and the year first abovewritten.
WITNESSES :
1.
2.
[Signatures of both the parties]
16
Deed of exchange of immovable properties between
two owners
THIS DEED OF EXCHANGE is made the………….. day of………….. 20…….
BETWEEN A.B., aged………….. years, son of………….. resident of…………..
(hereinafter called the  ?First Party? which expression shall include his heirs,
successors and representatives) of the ONE PART AND C.D., aged……….
years, son of………….. resident of………….. (hereinafter called the ?Second
Party? which expression shall include his heirs, successors and represen-
tatives) of the OTHER PART.WHEREAS  the said A.B.  is the absolute owner in possession of the
properties mentioned in the SCHEDULE  ?A? hereto annexed and the said C.D.
is the absolute owner in possession of the properties given in SCHEDULE
?B? hereto.
AND WHEREAS the properties given in both Schedules ?A? and ?B?, are
free from all encumbrances and charges whatsoever and each is of the
value of Rupees………….. (Rs…………..) only.
AND WHEREAS the said A.B.  and C.D. are desirous of mutally transferring
the said properties by way of exchange.
NOW THEREFORE THIS INDENTURE WITNESSES that the said A.B.  hereby
transfers absolutely free from all encumbrances, whatsoever, the proper-
ties mentioned in the SCHEDULE  ?A? hereto to the Second Party and the said
C.D. in consideration of the said exchange hereby transfers absolutely free
of all encumbrances, whatsoever, the properties given in the SCHEDULE ?B?
hereto to the First Party.
And it is hereby declared that either party will hold the respective
proparties transferred in the manner aforesaid as absolute owners thereof
without any interruption from the other.
IT IS ALSO AGREED AND DECLARED that either party hereto has power and
authority to give, grant, convey and sell their respective property mutually
conveyed by this deed.
And it is also agreed that either party will, at the request and cost of the
other, execute every such assurance and do every such act, deed or thing
for further and more perfectly assuring to the other the properties hereby
mutually conveyed.
SCHEDULE ?A? ABOVE REFERRED TO:
[Description of properties of A.B.]
SCHEDULE ?B? ABOVE REFERRED TO:
[Description of properties of C.D.]
IN  WITNESS  WHEREOF the said A.B. and C.D.  have hereto signed
at………… the day and the year first abovementioned.
WITNESSES :
1.
2.
[Signatures of both the parties]
Ch. 58] EXCHANGE?FORMS 589590 CONVEYANCING, DRAFTING & DEEDS [Ch. 58
17
Deed of exchange between two adjoining owners to secure
mutual rights of lights and way and straightening
boundaries?money paid for equality
of exchange
THIS DEED OF EXCHANGE is made the………….. day of…………..  BETWEEN
[first party] of [address, etc.] (hereinafter called the first party) of the One
Part and [second party] of [address, etc.] (hereinafter called the second
party) of the Other Part.
WHEREAS:
(1) The first party is seized as an absolute owner in possession free from
encumbrances of all that piece of land more fully described in Part I of the
schedule  ?A? hereto and coloured [pink] on the plan annexed hereto
together with the piece of land and the buildings thereon adjacent to the
former piece of land also described in Part II of the Schedule  ?A hereto and
coloured [green] on the said plan and including the private road to the said
buildings which runs across the said piece of land coloured [pink] as shown
by the dotted lines on the said plan from the point marked A to the point
marked B.
(2) The second party is seized as an absolute owner in possession free
from encumbrances of all that piece of  land more fully described in the Part
I of the Schedule ?B? hereto and coloured [yellow] on the said plan together
with the piece of land and the buildings thereon adjacent to the former piece
of land also described in Part-II of the Schedule ?B? hereto and coloured
[brown] on the said plan and including the private road to the said buildings
which runs across the said piece of land coloured [yellow] as shown by the
dotted lines on the said plan from the point marked C to the point marked
D.
(3) The first party and second party with a view to straightening and
adjusting the common boundary of their respective properties have agreed
to effect such exchange as is hereinafter contained of the said pieces of
land coloured (pink] and [yellow] respectively on the said plan and to fix
a new boundary in manner hereinafter appearing and upon the treaty for
the said exchange it was also agreed that the second party should pay to
the first party the sum of Rs………… for equality of exchange and that the
first party and the second party should grant to each other and reserve such
rights of way and of light as are hereinafter described in manner hereinafter
appearing.
NOW THIS DEED WITNESSETH as follows :
1. In consideration of the conveyance hereinafter made by the second
party to the first party and also of the said sum of Rs………… paid by thesecond party to the first party for equality of exchange (the receipt whereof
the first party hereby acknowledges) the first party as beneficial owner
hereby conveys unto the second party all that the piece of land containing
an area of………….. or thereabouts as fully mentioned and described in the
Schedule ?A? hereto and coloured [pink] on the said plan hereto annexed
TO HOLD the same unto the second party absolutely and forever free from
all encumbrances subject nevertheless to such reservations to him the first
party as are hereinafter contained.
2. In consideration of the conveyance hereinbefore made by the first
party the second party as beneficial owner hereby conveys unto the first
party all that the piece of land containing an area of………….. or thereabouts
more fully mentioned and described in the schedule  ?B? hereto and coloured
[yellow] on the said plan hereto annexed TO HOLD the same unto the first
party absolutely and forever free from all encumbrances subject neverthe-
less to such reservations to him the second party as are hereinafter
contained.
3. Provided nevertheless and it is hereby agreed and declared as
follows:
(1) The conveyance hereinbefore made to the second party shall be
subject to the reservation of the full right and liberty for the first party
and his successors-in-title the owners and occupiers for the time
being of the said land and buildings coloured [green] on the said
plan annexed hereto or any part thereof and their respective
servants and licensees (in common with the second party and all
others having the like right) at all times hereafter by day or night
with or without vehicles of any description and with or without
animals for all purposes connected with the use and enjoyment of
the said land and buildings but not for any other purpose whatso-
ever to pass and repass along the said private road which runs
across the said piece of land coloured [pink] as shown by the dotted
lines on the said plan from the point marked A to the point marked
B;
(2) The conveyance hereinbefore made to the first party shall be
subject to the reservation of the full right and liberty for the second
party and his successors-in-title the owners and occupiers for the
time being of the said land and buildings coloured [brown] on the
said plan annexed hereto or any part thereof and their respective
servants and licensees (in common with the first party and all
others having the like right) at all times hereafter by day or night
with or without vehicles of any description and with or without
animals for all purposes connected with the use and enjoyment of
the said land and buildings but not for any other purpose whatso-
ever to pass and repass along the said private road which runs
Ch. 58] EXCHANGE?FORMS 591592 CONVEYANCING, DRAFTING & DEEDS [Ch. 58
across the said piece of land coloured (yellow] as shown by the
dotted lines on the said plan from the point marked C to the point
marked D;
(3) The conveyance hereinbefore made to the second party shall be
subject also to the reservation unto the first party and his
successors-in-title of the full right to the uninterrupted access and
enjoyment of light and air at all times hereafter over and across
the said piece of land coloured [pink] on the said plan annexed
hereto to the buildings of whatever height and in whatever position
they may be placed which now stand or shall hereafter (but not later
than the expiration of the period of ninety-nine years from the date
hereof which shall be the perpetuity period applicable hereto) be
erected or stand on the land of the first party coloured [green] on
the said plan or any part thereof and to all windows or apertures
now existing or which may from time to time (but not later than the
expiration of the said period) be made in any such buildings
notwithstanding that the said buildings and windows and apertures
may from time to time (but not later than the expiration of the said
period) be altered in position height or otherwise;
(4) The conveyance hereinbefore