I have a query on making agreements.
We have an agricultural land in Tamilnadu in the name of my father. On parallell, we also have my uncle (Co-parcener’s name), which is enjoyed by us from the date of partition (49 years ago). Now we planned to do a partition of another land which is in the name of our grandfather. In this scenario, we mutually agreed by oral that he will give me a sale deed of a portion of land which is enjoying by us and I will do the same of equal land of ours which is in the name of my father. Now, the concern is my co-parcenery got an agricultural loan from SBI, so the document writer said, we cannot make sale deed since there is loan on that survey no. Moreover that is risky in future as he fails to repay that loan. Whereas, I have not taken any loan on my father’s name. So I planned to make agreement for sale of that land and in exchange of my land. In this time, can we also make agreement for partition of land which is on my grandfather’s name, since all the co-parceners are ready to sign that agreement. Document writer says that we can make agreement of partition but cannot be registered. Whereas agreement for sale can be registered. Kindly advise me how to proceed further as all the agreements what we are going to make should be valid in the court of law, nothing should go wrong in future.