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.