Partition share - with building -


hi
we have 1 ground land in banglore  and it is 2400 sq feet area.
around 1200 sq ft has a building with G+2 floors in it . this is our ancestral property and i spent on this building construction also i dont have any recepts for it and been living here for last 20 yr .
my brother had filed a partition usit and it has now preliminary decree as  1/2 share.
we are waiting for court appointed commissioner.
with such a above layout, both of us want the land share with the building.. how will the court go with partition in such kind of a scenario?who exactly is this court commissioner.. can i request him to allot me the share with budling when he visits the property.

 

 
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According to my knowledge, possibly a patwari or higher level person will come. He will divide the property according to the land area. then both of you will be called to the nayab tehsildar's court to sign on papers. the process wil take 1-2 years.

 
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practicing advocate

Court commissioner will be appoint to suggest the divisions in the suit property, he cannot divide the property. 

To get appoint the court commissioner you will have to file FDP case

If it is not divisiable the same will be reported to the court by the court commissioner.  If one of the parties can purchase the share of another party.  

In case the property can be divisable that will be reported to the court.

 
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