A formal Partition Deed is practically required before you can successfully sell your property. While Section 44 of the Transfer of Property Act allows a co-owner to legally sell their undivided share without a partition, doing so in your specific scenario creates major practical and legal roadblocks.
Since the land is undivided and your land tax is paid jointly, meaning on paper, both you and your brother own an undivided 50% share across every square foot of the 10 cents, you cannot specify which 5 cents belong to you (e.g., front, back, left, or right) without a registered partition deed.
Under Section 44 of the Transfer of Property Act, if an undivided share of a family dwelling house is sold to an outsider (a stranger), the buyer does NOT get the right to joint possession or physical entry into the house.
A buyer purchasing your first floor without land division would effectively buy a property they cannot legally force entry into or occupy until they file a court suit for partition.
Banks and financial institutions will not approve a loan for a buyer purchasing an undivided land share without defined boundaries ("metes and bounds").
Hence it is advised that you and your brother mutually divide the 10 cents (e.g., 5 cents each) and clearly demarcate the land boundaries. he deed should specify pathways, common rights (if any), and state clearly that the First Floor belongs to you along with its underlying/allocated land area, while the Ground Floor belongs to your brother. Once registered, you receive an independent title, separate land tax assessment, and can sell your portion cleanly.
