I own a half undivided share in a land area of 2,340 sq.ft., while my brother owns the remaining half undivided share, ground and first floor building. He owns 1,290 sq.ft. and the remaining area of 1,050 sq.ft. is kept as open land. Now we would like to divide the above property among ourselves in such a way that 1,290 sq.ft. of land along with a built ground and first floor will be owned by one brother and the open land of 1,050 sq.ft. will go to another brother. Kindly inform the procedures to be followed to achieve the above division.
— Deenathayalan, Chennai
If both of you are joint owners of the entire land and the building thereon, you can divide the property by metes and bounds by executing a Deed of Partition and having the same registered in the office of the sub-registrar having jurisdiction. Prior to execution of the document, you have to obtain approval from the local authority for subdividing the plot.