Agreement for sale and partition


Dear experts,

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.

 
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subregistrar/supdt.(retired)

Ji, to me Partition shall be done for all the properties which are commonly enjoying.  In your query you stated that the Partition between your father and his siblings was done some decades back.  so again the question of partition does not arise.  Through Partition your father got some land/property and it will be treated his own property.  And your father may dispose it as he wishes.  to execute agreement of sale is not advisable.  Sign in the Agreement for partition equals to oral partition.

 
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No ji.. as I stated sale deed is not for entire property partitioned 49 years ago, but only for portion of land. Because that portion is for way as entrance to our land and this is mutual consent between us after a long fight. Additionally my grandpa�s share which leaves no will needs to partitioned, whereas it costs lakhs for stamp charges and stamp duty. Because of non availability of funds at the moment, we planned to make agreement for that land. So I asked for how to proceed further as the document writer said can�t be registering this.
 
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Retired employee.

Go for a compromise settlement and get award from Lokadalat through a competent advocate who can reduce the terms in the award of each person's entitlement, duties and responsibilities and then this can be indexed with Registrar.

 
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Thanks sir
 
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