A has to file a partition suit at the proper court in consultation with a competent lawyer. As it is a flat, it cannot be divided by metes and bounds. The court may order sale of the property and sharing of the proceeds equally between A and B.

File suit for partition for division of flat by metes and bounds 

2) since flat cannot be divided court would direct sale of flat 

3) disposal of suit would depend upon pendency of cases in trial court 

4) it may take around 10 years for disposal 

Dear Client,

In order to address the division of a flat, A needs to initiate a partition lawsuit. Since the flat cannot be physically divided into separate portions, the court may decide to sell the property and distribute the proceeds equally between A and B.

In case of partition suit court may order for partition of flat in two parts and if partition would not be possible then court order for sale and distribution of sale proceed among legal heirs of deceased owner. Minimum two- three years time will consume in conclusion of case before trial court, however, maximum time cannot be predicted. The period of appeal, revision etc are extra. 

Litigation is long drawn and expensive proposition 

if you are senior citizen you can seek expedited hearing of the suit 

Progress of a suit depends on the court's workload and the litigant's drive to prosecute his/her cas through his/her lawyer. Supreme Court has not given any  ruling to expedite cases. 

Section 2. Power to court to order sale instead of division in partition suits.

 if and in so far as such decree relates to any other immovable property or to movable property, the Court may, if the partition or separation cannot be conveniently made without further inquiry, pass a preliminary decree declaring the right of the several parties interested in the property.

You can file a suit for partition/sale of your share in the property, the court will decide the matter on the basis of the referred provision  of law.

The disposal of a suit for partition will take many years owing to the nature of trial because it involves two phase, i.e., preliminary and final decree.

Therefore you cannot avoid the delay.

- Legally , A being the one of the owner of the property , he can sell his undivided share in the property on the refusal of B. 

- However , the purchaser may not ready to purchase an undivided share in the property. 

- A can issue a legal notice to B for partition of the property or to purchase the share 

- If not ready , then A can file a suit for Partition before the court , and there is much chances to settle the dispute by B. 

You can file in appellate court for expediting the sane it will be done