• How to divide a new building ownership between two brothers?

Total area of the residential building is 130 sq yards.
It is an ancestral property and we recently reconstructed there with equal investment between two brothers.

There is a ground floor with two rooms for a shop and watchman stay, two floors above it and one more floor with pent house with two rooms for rent. Property can't be divided vertically due to the construction. 

My brother wants ground floor and 1st floor. We were told to take 2nd floor and pent house. But the resell value of ground floor will be higher than pent house. 

So how to divide the property rights so that there will be no issue and loss during resale ? Whether it should be based on floors only or any other method possible?
Asked 19 days ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

11 Answers

1.  Let the two brothers execute a registered Partition Deed each owning undivided equal share of fifty percent in the whole property. In other words, each person shall have fifty percent undivided share in the property. The rent obtained has to be divided equally amongst the two brothers.

2.  In case the entire property is sold, the proceeds have to be equally distributed (50%) between the two brothers.

Shashidhar S. Sastry
Advocate, Bangalore
5397 Answers
329 Consultations

On ground floor one room can go to one brother and other room to another brother 

 

first floor to one brother and second floor to other brother 

 

penthouse can be divided equally among 2 brothers 

Ajay Sethi
Advocate, Mumbai
96829 Answers
7811 Consultations

You can sell your floor to buyer keep the room on ground floor 

Ajay Sethi
Advocate, Mumbai
96829 Answers
7811 Consultations

 Regarding the second point, one brother can't sell his undivided share to a third party and it has to be offered to the other brother only.

Shashidhar S. Sastry
Advocate, Bangalore
5397 Answers
329 Consultations

You can enter into deed of partition for division of building 

 

it should be duly stamped and registered 

 

ideally division should be done floor wise but you have stated that ground floor has more value hence advised you that since there are 2 rooms each co owner should have one room on ground floor and rest division can be done floor wise 

Ajay Sethi
Advocate, Mumbai
96829 Answers
7811 Consultations

- The division can be possible only floor wise and not room wise 

- Further, if the ground floor value is more than other floors then you can claim some consideration amount from your brother , otherwise you can insist him for giving you the said ground floor. 

- You can take services of a property valuers for knowing the real value of each floor

- Further, if the issues resolved between both brothers , then enter into a Partition Deed for mutation of the respective property in your names. 

Mohammed Shahzad
Advocate, Delhi
14434 Answers
221 Consultations

A family partition deed can be executed in the said matter

Prashant Nayak
Advocate, Mumbai
32419 Answers
199 Consultations

The floor wise partition can be effected and if the person is getting a share which is lesser value than that of the other brother, then the other brother can compensate to that extent to the other brother which have to reduced in writing and get it registered.

This partition can be drawn on mutually agreed conditions without any force on one by the other and it will be safe that it is executed by a registered document

T Kalaiselvan
Advocate, Vellore
87029 Answers
2337 Consultations

If the property is divided by a registered partition deed, then the share of property can be sold independently by the person who is desirous of selling the same at a later stage

T Kalaiselvan
Advocate, Vellore
87029 Answers
2337 Consultations

Room wise partition can be done for the ground floor rooms however that will become part of the share of property divided between both hence the person who wishes to sell his share in the proeprty has to sell the room in the ground floor too along with his floor of property.

A single  room alone cannot be sold if it was not registered separately in the partition deed. 

T Kalaiselvan
Advocate, Vellore
87029 Answers
2337 Consultations

Dear Client,

In the Present Scenario, the total area of the residential building is 130 sq. yards, which is an ancestral property and you recently reconstructed there with an equal investment between two brothers. Further, there is a ground floor with two rooms for a shop and watchman stay, two floors above, and one more floor with a pent house with two rooms for rent. Further, property may not be divided vertically due to construction. Also, your brother wants the ground floor and 1st floor. You had told him to take the second floor and pent house. But the resale value of the ground floor is higher than the pent house. Herein, firstly, you may allocate the specific floors to each brother based on a mutual agreement between you, wherein, your brother may take the ground and first floor, and you may take the second floor and the pent house. Secondly, you may make a division on the basis of resale value. Thirdly, you may draft a sale agreement as to how the profit sharing would take place, based on the floor each occupies. However, it is suggested that the sale is made as a legal documentation, specifying the rights and obligations of each brother.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10124 Answers
119 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer