Sale of land

Is the first floor in your occupation has been assigned a separate building number and accordingly assessed for building tax?

Yes Sir separate building number

You may have to enter into a formal pqartition and deed so drawn to be registered with proper demarcation including mention about the rights over common areas.

In that case you can sell our property independentlty

This property we got as per the will of our father. How can I execute a partition deed.My Father is still allive.

Yes, the property can be partitioned by Civil Court.

Is the property ancestral or your father's? How did you and your brother acquire the property?

Not ancestral. We got by will of Father 

If your father bequeathed the property to both of you by a Will then how can you and your brother get the title of the  property transferred to your names when your father is alive.

The Will come shall into force only after the lifetime of the testator and not before that.

In fact you do not have title to the property that you are living and claiming to be your property now vis a vis your brother.

Therefore you canot sell the property which is not yours yet.

Instead of complicating the issue any further, you can  request your father to execute a registered settlement deed by dividing the property into two properties  with proper demarcation and details of common area rights etc.

You can become an absolute owner with clear and marketable title to the property only after that. 

I am planning to sell the property only after my Father's death and not befire that

Your query is premature and hypothetical during your father's life-time.

I just wanted to know whether there is any legal hitch  for me to sell the property in my name after my Father's lifetime.Since it is jointly held by me and my brother 

Yes, there's a problem to sell the property without getting it transferred to your name and without dividing it by metes and bounds with proper demarcation of the common areas and other appurtenances.

You can get it transferred to your both the names by endorcing the Will and submitting an application to the concerned revenue department jointly along with the other beneficiary by attaching the copy of the Will, copy of the registered document on the name of the testator, copy of the revenue records lying on the name of deceased owner and also to comply with all other legal requirements which can be complied with only after lifetime of the testator.

No buyer will be ready to buy your share on the market rate if you have not complied with the legal requirements to prove your rights/ title in the property.

If anyone volunteer to buy without such legal requirements then he may quote very less rate which may be lesser than half the original rate.

In my view, the property constitutes an apartment and the land stands shared once the Will is rendered operational after the lifetime of the father.