Property dispute with father

Hi 

Technically, it is possible . when your father partitions the ground floor in favour of your sister and the first floor in favour of you, then you need to discuss about 

a) Undivided share of land (in case of flat, every flat owner gets an undivided share of land, which cannot be sold seperately but can be sold only along with the flat.

b) Terrace and Upper floor rights- since you are in G+1 building, you need to discuss on what happens to the terrace as well as rights to construct upper floors. before you decide the undivided share of land, you need to have a plan on what you intend to do with terrace and upper floors. it should not be so that your sister has equal rights on terrace and upper floors or she has the right to say no in case you need to construct on terrace or upper floors at a later date. 

c) Access and Easementary rights: you also need to discuss and finalise access and easementry rights of the property as these also need to be finalised before partition.

Once all of the above are finalised, you need to get the document registered at SRO . 

Since the property is self-acquired of your father, it is his will and wish to give or not, whole or any part to you/your sister. He is competant to dispose it of as he desired, no one can challange.

It is advisable to discuss and sort it out amicably.

A proper partition deed can be drafted, executed and registered demarcating the boundaries and all other issues involving the partition.  Learned friend Mr. Rajagopal has provided some vital clues on how this partition deed can be drafted, you may follow the suggestions made, which is found to be acceptable.