Deed of Exchange of two properties

THIS DEED OF EXCHANGE is made at………this…….day of………between 'A'

of......hereinafter called "the Party of the First Part" of the One Part and 'B'
of………………hereinafter called "the Party of the other Part", of the Other Part.
WHEREAS -
1. The said Party of the First Part is now seized and possessed of or otherwise well and
sufficiently entitled to the land, and premises situate at………..and more particularly
described in the First Schedule hereunder written free from encumbrances.
2. The said Party of the Second Part is seized and possessed of or otherwise well and
sufficiently entitled to the land and premises situate at…………and more particularly
described in the Second Schedule hereunder written free from encumbrances.
3. The value of the said land and premises described in the First Schedule hereunder
written is Rs…...(Rupees)
4. The value of the said land and premises described in the Second Schedule hereunder
written is Rs......(Rupees)
5. It has been agreed between the parties hereto to exchange their respective properties
viz. the said Party of the First Part will convey the land and premises described in the
First Schedule hereunder written unto and to the use of the said Party of the Second Part
in consideration of the said Party of the Second Part conveying the land and premises
described in the Second Schedule hereunder written unto and to the use of the said Party
of the First Part.
6. The value of the property described in the Second Schedule hereto being less by
Rs…………than the value of the property described in the First Schedule hereunder
written, the Party of the Second Part has agreed to pay to the Party of the First Part the
amount of deficiency or difference to equalise the values of the properties to be
exchanged.
7. The Parties hereto have now agreed to execute this Deed of Exchange.
NOW THIS DEED WITNESSETH that in pursuance of the aforesaid agreement and in
consideration of the Party of the Second Part conveying to the Party of the First Part the
land and premises situate at………and more particularly described in the Second
Schedule hereunder written, and in consideration of the sum of Rs………..paid by the
Party of the Second Part in addition to equalise the value of both the properties hereby
exchanged (receipt of which sum the Party of the First Part admits) HE the Party of the
First Part doth hereby grant and convey by way of exchange unto the Party of the Second
Part absolutely and forever ALL that piece of land and premises situate, lying and being
at ……….and more particularly described in the First Schedule hereunder written
together with all and singular the buildings, and structures, thereon and all other things
permanently attached thereto or standing thereon and all the liberties, easements, profits,
privileges, advantages, rights, members and appurtenances whatsoever to the said piece
of land and premises belonging or in anywise appurtaining to or with the same or any part
thereof and 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
ail the deeds, documents, writings, vouchers and other evidences of title relating to the
said piece of land and premises or any part thereof AND ALL the estate, right, title,
interest, use possession, benefit, claim and demand whatsoever at law or otherwise of the
Party of the First Part in, to, out of or upon the said piece of land and other premises or
any part thereof TO HAVE AND TO HOLD the said piece of land and all the singular
and other the premises hereby granted and conveyed by way of exchange or intended so
to be with their and every of their rights, members and appurtenance UNTO and to the
use and benefit of the Party hereto of the Second Part absolutely forever SUBJECT to
payment of all rents, taxes, assessments, rates, duties now chargeable upon the same or
which may hereafter become payable in respect thereof to the Government or the
Municipal Corporation or any other Local Authority.
AND THIS DEED FURTHER WITNESSETH that in pursuance of the aforesaid
agreement and in consideration of the Party of the First Part having conveyed to the Party
hereto of the Second Part, the land, and premises situate at and more particularly
described in the First
Schedule hereunder written unto and to the use of the Party of the Second Part HE the
Party of the Second Part doth hereby grant and convey by way of exchange unto the Party
of the First Part absolutely forever ALL that piece of land and premises situate, lying and
being at ......and more particularly described in the Second Schedule hereunder written
together with all and singular the buildings and structures thereon and all the things
permanently attached thereto or standing thereon and all the liberties, easements profits,
privileges, advantages, rights, members and appurtenances whatsoever to the said piece
of land and premises belonging or in anywise appurtaining to or with the same or any part
thereof now or at any time heretofore usually held, used, occupied or enjoyed or reputed
or known 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 of land and premises or any part thereof AND ALL the estate, right, title, interest,
use. possession, benefit, claim and demand whatsoever at law and or otherwise of the
Party hereto of the Second Part in, to, out of or upon the said piece of land and premises
or any part thereof TO HAVE AND TO HOLD the said piece of land and all and singular
and other the premises hereby granted, and conveyed by way of exchange or intended so
to be with their and every of their rights, members and appurtenances UNTO and to the
use and benefit of the Party hereto of the First Part absolutely forever SUBJECT to
payment of all rents. taxes, assessments, rates, duties, now chargeable upon the same to
the Government or the Municipal Corporation or to any other Local Authority. And each
of the Parties of the First and Second Part mutually covenant with the other that-
1. He has now in himself, good right, full power and absolute authority to grant and
assure the piece of land and premises hereby granted, or assured or intended so to be by
him unto and to the use of the other party in manner aforesaid
2. That the other party shall and may at all times hereafter peaceably and quietly enter
upon, have occupy, possess and enjoy the land, and premises conveyed to him and
receive the rents, issues and profits thereof and of every part thereof to and for his own
use and benefit without any suit, eviction, interruption, claim or demand whatsoever from
or by him the covenanting party or his heirs, or any of them or any person or persons
lawfully or equitably claiming or to claim by from under or in trust for them or any of
them.
3. The said land and premises are free and clear and freely, clearly and absolutely
acquitted, exonerated and forever discharged or otherwise by each of them well and
sufficiently saved, defended and kept harmless and indemnified of, from and against all
former and other estates title charges and encumbrances whatsoever made, executed
occasioned or suffered by him the covenanting party or by any other person or persons
lawfully or equitably claiming or to claim by, from, under or in trust for him, them or any
of them.
4. He the covenanting party and all persons having or lawfully claiming any estate or
interest whatsoever in the said land and premises conveyed by him or any part thereof
shall and will from time to time and at all times hereafter at the request and costs of the
other of them do and execute or cause to be done and executed such further and other
acts, deeds, things, conveyances and assurances in law required whatsoever for the better
and more perfectly assuring the said land and premises conveyed to him by the other and
every part thereof unto and to the use of the party to whom it is conveyed in manner
aforesaid as by him, his heirs, executors, administrators and assigns shall be reasonably
required.
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their
respective hands the day and year first hereinabove written. FIRST SCHEDULE ABOVE
REFERRED TO
SECOND SCHEDULE ABOVE REFERRED TO’
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Signed and delivered by the within-named )
Party of the First Part Mr. A in presence of )
Signed and delivered by the within-named )
Party of the Second Part Mr. B in the presence of )