Legal Documents Library

Deed of Exchange of Immovable Properties
 

THIS INDENTURE  made at _______ this _____________ day of _________ two thousand _____ BETWEEN   ABC  of _________, Indian Inhabitant, hereinafter called ?the Party of the One Part?: (which expression shall unless it be repugnant to the context or meaning thereof mean and include his heirs, executors and administrators) of the One Part: AND XYZ  also of _________, Indian Inhabitant, hereinafter called ?the Party of the Other Part? (which expression shall unless it be repugnant to the context or meaning thereof mean and include his heirs, executors and administrators) of the Other Part:

WHEREAS:?

(a)  The party of the One Part is seized and possessed of or otherwise well and sufficiently entitled free from encumbrances to the land, hereditaments and premises situate at Girgaum and more particularly described in the First Schedule hereunder written;

(b)  The party hereto of the Other Part is seized and possessed of or otherwise well and sufficiently entitled free from encumbrances to the land, hereditaments and premises situate at Chowpatty  and more particularly described in the Second Schedule hereunder written;

(c)  The value of both the said properties is equal and the same is mutually valued at Rs. 25,00,000/- (Rupees Twenty five lacs only);

(d)  It has been mutually agreed between the parties hereto to exchange their aforestated respective properties by conveying them to the other viz. that the said ABC will convey the land, hereditaments and premises described in the First Schedule hereunder written unto and to the use of the said XYZ in consideration of the said XYZ conveying the land hereditaments and premises described in the Second Schedule hereunder written unto and to the use of  the said   ABC and vice versa the said XYZ will convey the land, hereditaments and premises in the Second Schedule hereunder written unto and to the use of the said ABC in consideration aforesaid;  and

(e)  The parties hereto have accordingly agreed to execute this Deed of Exchange. 

NOW THIS INDENTURE WITNESSETH that in pursuance of the aforesaid agreement and in consideration of the party of the other part conveying to the party of the One Part the land hereditaments and premises situate at Chowpatty and more particularly described in the Second Schedule hereunder written, HE the Party the One Part doth hereby grant, convey by way of exchange and assure unto the Party of the Other Part for ever ALL that piece or parcel of land hereditaments and premises situate, lying and being at Girgaum and more particularly described in the First Schedule hereunder written together with all and singular the houses, outhouses, edifices, buildings, courts, yards, areas, ways, wells, compounds, paths, passages, waters, water courses, sewers, ditches, drains, trees, plants, lights, liberties, easements, profits, privileges, advantages, rights, members and appurtenances whatsoever to the said piece or parcel of land hereditaments and premises belonging or in anywise appertaining to or with the same or any part thereof now or at any time heretofore usually held, used, occupied or enjoyed or reputed or as part or member thereof or be appurtenant thereto AND ALSO together with all the deeds, documents, writings, vouchers and other evidences of title relating to the said piece or parcel of land hereditaments and premises or any part thereof AND ALL the estate, right, title, interest, use, inheritance, property, possession, benefit, claim and demand whatsoever both at law and in equity 

EXCHANGE BY TWO SEPARATE DEEDS

 

THIS DEED of transfer is made at____________.on this____________.day of____________20 

____________. between A son of B resident of____________.(hereinafter called the "Transferor") of the FIRST Part and C son of.................(hereinafter called the  Transferee") of the OTHER PART.

 

WHEREAS the transferor is the owner of the land with house bearing Municipal No . situated in...................              City, more particularly described in the First Schedule hereunder written (and hereinafter called "the said premises").

 

AND WHEREAS the transferor has agreed to transfer the said premises to and in favour of the transferee in consideration of the agreement of the transferee to convey the land with house bearing Municipal No____________.situated on____________. Road.....................City____________.more particularly described in the Second Schedule hereunder written

 

NOW THIS INDENTURE WITNESSETH that in pursuance of the premises, the transferor hereby transfers and conveys absolutely all his rights, title and interest in the said premises unto the transferee, his heirs, assigns and legal representatives to have and to hold the same for ever as owner thereof subject to the condition that the transferee shall cause to be registered the deed of transfer executed by the said transferee in favour of the said transferor in respect of the house more particularly described in the Second Schedule and complete the transfer in all respects 

 

AND the parties hereby covenant with each other that this transaction shall become void on any of the said transfer deeds becoming imperfect in any circumstance whatsoever

 

 

DEED OF EXCHANGE, WHERE MONEY IS PAID FOR EQUALLY

 

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 .

DEED OF EXCHANGE

 

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.

DEED OF EXCHANGE OF PROPERTIES ADJUSTING BOUNDARIES

 THIS DEED of exchange made at____________.on this.....................day of____________.20____________.between A son of B resident of____________(hereinafter referred to as the First Party) of the ONE PART and C son of D resident of ____________. (hereinafter referred to as the Second Party) of the OTHER PART.

 

WHEREAS the First Party is the sole owner of the land situate in Village____________. Taluka____________.District____________.more particularly described in the First Schedule hereto and delineated in the Plan annexed hereto and therein coloured red; and

 

WHEREAS the Second Party is the sole owner of the land situate in Village____________.Taluka____________.District.....................,more particularly described in the Second Schedule hereto and delineated in the said Plan and herein coloured green; AND

 

WHEREAS the parties have agreed to adjust, settle and demarcate the boundaries of their respective lands by exchanging pieces of land in and the manner hereinafter appearing 

 

NOW THIS DEED WITNESSETH AS FOLLOWS: 

 

(1) In pursuance of the said agreement and in consideration of the premises, the parties hereto agree that the boundary line between the lands aforementioned of the two parties as delineated on the plan annexed hereto shall be WXYZ as shown therein instead of irregular line MNOP originally existing heretofore therein and for that purpose, the First Party as beneficial owner doth hereby transfers and conveys all that piece and parcel of land coloured pink in the plans admeasuring about____________.sq. mtrs., comprised in Khasra No ____________.of Village____________.Taluka____________. District____________. 

DEED OF CANCELLATION OF EXCHANGE AND RECONVEYANCE

 

THIS DEED is made at____________.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) By a deed of exchange dated____________.executed between the parties, the First Party conveyed and transferred the house No . ____________.situate in ____________.City, more particularly described in the First Schedule to the said deed of exchange.

 

(2) One C son of____________.resident of____________.has claimed the ownership of the said house and served a notice through his advocate to the Second Party; and

 

 

(3)The Second Party has got the claim of C investigated by his Solicitor, who has opined that the First Party had no title to the house aforementioned, which he has conveyed to the Second Party as aforesaid;

 

DEED OF EXCHANGE

This deed of exchange is made on this......................... day of......................... 19......................... between Shri......................... s/o......................... resident of ......................... of the one part and Shri......................... son of......................... resident of......................... of the other part. The names of the parties unless inconsistent with the context or otherwise include their heirs, successors, administrators and assigns also.

Whereas......................... the said......................... being the owner of the property described in the Schedule ?A? hereto annexed and the said......................... being the owner of the property described in the Schedule ?B? annexed hereto both the said schedules forming part of this deed have agreed to exchange the said parties.

NOW THIS DEED WITNESSES AS FOLLOWS: