(Exchange deed where the properties are not of the same value and therefore equalisation money is paid)

THIS DEED OF EXCHANGE made at             this            day of                 20    

between                , residing at                                                    of the One Part AND

                         residing at                                                       of the Other Part;

WHEREAS the said                  is seized and possessed as the absolute owner of the lands more particularly described in the First Schedule hereunder written;

AND WHEREAS the said          is seized and possessed as the absolute owner of a house more particularly described in the Second Schedule in the matter hereinafter mentioned;

AND WHEREAS the value of the property agreed to be transferred by party of the One Part is Rs.                           (Rupees                                                  only) and the value of the property agreed to be transferred by the party of the Other Part is Rs.                         (Rupees                                                            only) and the parties have agree 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 party of the One Part hereby grants, transfers and conveys to the party of the Other Part ALL THAT the lands more particularly described in the First Schedule hereto TO HOLD unto the party of the Other Part, his heirs, executors, administrators and assigns absolutely.
2. In further pursuance of the said Agreement, the party of the Other Part hereby grants, transfers and conveys to the party of the One Part ALL THAT the house more particularly described in the Second Schedule hereto TO HOLD unto the party of the One Part, 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;
   1. That the property hereby transferred by him and the rent and profits thereof shall be quietly enjoyed by the transferee without disturbance or interruption whatsoever;
   1. That at the request and cost of the other party, the parties hereto shall execute such assurance and do such acts, deeds and tings as shall be reasonably necessary for the more perfectly assuring unto such other the title to the property hereby transferred; and

• 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.
• That the part of the One Part has paid on or before the execution of this Deed a sum of Rs. (Rupees             only) by cheque to the party of the Other Part (the receipt whereof has separately been acknowledged by the party of the Other Part).
• The original Deed of Exchange shall be retained by the Party of the One Part and the duplicate, duly signed and stamped shall be retained by the Party of the Other Part and shall for all purposes be treated as the original.

IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands and seals the day and year first hereinabove written.

FIRST SCHEDULE

(Description of property of the Party of the One Part)

SECOND SCHEDULE

(Description of property of the Party of the Other Part)

Signed, Sealed and Delivered } by the within named                        }

in the presence of                    }

Signed, Sealed and Delivered }

by the within named              } in the presence of