Deed of Exchange
The Tamil Nadu Registration Department provides this Deed of Exchange as official guidance for two property owners who mutually transfer their respective properties to each other. The form records ownership claims, prior title documents, possession, absence of encumbrances, property descriptions and the rights each party receives after the exchange.
What the form covers
The Tamil Nadu Registration Department's Deed of Exchange is a model document for an exchange between two property owners, identified as the First Part and the Second Part. The form is framed for execution at Chennai, with blanks for the day and month and with the year printed as 2017.
The parties and their heirs, legal representatives, executors, administrators and assigns are included within the descriptions of the First Part and Second Part.
Who may use it
The Deed of Exchange is relevant where each party owns a property and both agree to transfer those properties to one another. The model describes Schedule A property as belonging to the First Part and being exchanged to the Second Part. Schedule B property belongs to the Second Part and is exchanged to the First Part.
The stated reason for the exchange is that each scheduled property is adjacent to another property belonging to the other party, making the exchange convenient for both.
Ownership and title statements
The model requires each party's property to be described as solely, legally, truly, absolutely and exclusively owned. Its recitals also state that:
- Each property was purchased using the relevant owner's own funds and savings, without an ancestral nucleus.
- The prior seller, sale deed date, Sub Registrar office, document number, year and Book I details must be entered.
- Each owner has held the respective property in continuous, uninterrupted and peaceful possession.
- Government and local authority taxes and outgoings have been paid.
- Each owner claims full power of alienation and a valid, marketable title.
- Both parties declare that their properties have no encumbrance.
Effect and required details
From the execution date, the First Part and successors are to enjoy Schedule B property with absolute rights forever. The Second Part and successors are to enjoy Schedule A property forever.
The form provides spaces for:
- Names, parentage, ages, addresses, identification numbers and mobile numbers.
- Details of both properties and their earlier registered sale deeds.
- Full descriptions in Schedule A and Schedule B.
- Signatures of the parties and two witnesses.
The closing signature block includes labels for the purchaser and the First Part, while the main text identifies the exchanging owners as the First Part and Second Part.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Which property does each owner receive under the exchange deed?
The First Part receives Schedule B property. The Second Part receives Schedule A property.
What earlier ownership records must be entered in the form?
The form asks for the prior seller, sale deed date, Sub Registrar office, registered document number, year and Book I details for each property.
Does the form address existing loans or other encumbrances?
The form contains a declaration by both parties that there is no encumbrance on their properties. It does not describe any separate verification process.
Are witnesses required in the model deed?
Yes. The execution section provides spaces for two witnesses in addition to the parties' signatures.
