A NEW DEED OF EXCHANGE IN PLACE OF OLD DEED
This Deed of Exchange is made on the ________________ day of
Mr. ______, S/o_________, R/o_________(herein after referred to as the "first party") of the one part;
The Governor of ____ (hereinafter called "the Governor") of the other part;
Whereas by per agreement dated the _________ between Mr. ____, the then Collector actiong to behalf of the State of ________ and Mr._______ the deceased father of the first party an exchange of the land stated in the first schedule hereto relating to the Government of the said State and of the land stated in the second schedule hereto relating to the said Mr._____ as effected between them and since then the Government of the said State possesses land stated in the second schedule hereto and Mr._____ and after him the first party has been in possession of the land stated in the first schedule hereto;
And Whereas the Governor is claimed the land as stated in the first schedule now from the first party on reason that ......................is not empowered on behalf of the Government of the said State to transfer the land by above stated agreement;
And Whereas in consideration of the Governor as withdrawing all claims to the said land stated in the first schedule and affirming the title of the first party to the same by a proper deed of transfer , the first party has consented to confirm the title of the Governor to the said land given in the second schedule;
And Whereas the Government of _______ have by ------ dated ------ concurred the aforesaid proposal; and
And Whereas the parties have consented that the above stated agreement should be executed by a proper deed of exchange;
Now This Deed Witnesses as follows:
1. Per said agreement and in consideration of the transfer by the said Governor hereinafter contained as first party hereby grants, conveys, assigns and transfers to the said Governor all the property stated in the first schedule hereto For Holding and Having the same to the said Governor completely for good;
2. Also per said agreement and in consideration of the transfer by the first party herein before contained the said Governor hereby grants and transfers to the first party all property stated in the second schedule hereto For Holding and Having the same to the first party completely for good.
3. Each party hereto agrees with the other in declaring that the property so transferred by them being free from all encumbrances; and that the property as transferred by each of them shall be quietly entered ,held and enjoyed by the either of them ,rents /profits as received by either of them should be with out interruption or disturbance by the party transferring the same. Each party hereto per request and cost of the other execute every such assurance of do every such act or thing as shall reasonably be needed in furtherance or more completely assuring to such other the property as transferred to him.
4. It is hereby declared that the value of the property mentioned in each of the schedules hereto is Rs. _________.
5. The grants hereby made and each of the agreements herein contained shall in the case of each party will be bound and will benefit of his successors, legal representatives, heirs and assigns.
In Witness Whereof, the parties have executed and signed this agreement on the date and year first above written.
The First Schedule herein referred to
The Second Schedule herein referred to
The First party