Under  the provisions of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947,  The seller can sell their proportionate share without the consent of other co-owners, but the transaction must not result in the creation of fragments of land below the prescribed limit. 

2) 

Bombay High Court in Suresh Babu Patil v/s. State of Mahrashtra & Ors. MANU/MH/2560/2016 where under paragraph No. 4 Justice Smt. Mridula Bhatkar observed that:

“Without there being any physical formal partition of an undivded landed property, a co-sharer cannot put a vendee in possession although such a co-sharer may have right to transfer his undivided share.”

3) rent receipts ate in nane of younger brother .landlord has transferred rent receipt in his name .

4) 

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Section 44 of The transfer of property  act allows a co-owner to transfer or sell their individual, undivided share in a jointly owned property without the consent of the other co-owners.

Under the law, a co-owner does not need permission from others to sell their share. This right applies regardless of the number of co-owners.

The co-owner can only sell their fractional interest, not a specific, physically demarcated portion of the land. The buyer legally steps into the shoes of the seller. 

A buyer of an undivided share cannot take physical possession of any part of the land until a formal partition of the property is completed.

The unwilling co-owner cannot stop the sale of an undivided share but can  ile a partition suit in a civil court to legally divide the property by "metes and bounds" (physical division). For agricultural land, the court may refer the matter to the Collector for partition under the Maharashtra Land Revenue Code. 

He can seek an interim injunction to prevent the others from selling the property until the court decides the matter.

In some circumstances involving family property, the other co-owners may have a preferential right to buy the share at a court-determined price, as per the Partition Act of 1893.

Six sharers can sell their undivided share, the  buyer can get possession of shares of six sharers only on partition  of property.

Only the  legal heir residing in the premises will be entitled to inherit the  property under Maharashtra  Rent Control Act.

The person staying with her can claim tenancy rights in the property. No other than the said person can do the same

1. Regarding your agricultural land in Alibaug jointly owned by seven members where one member refuses to sell their 7.18 gunthas share, the other co-owners cannot independently sell the entire land or the portion which is owned by the dissenting member. Co-ownership requires unanimous consent for sale of the entire property. However, the other six co-owners can individually sell their respective shares or portions for which they have rightful ownership. If the land is not physically divided, the buyer takes the undivided share subject to the rights of remaining co-owners. To sell a contiguous area of approx. 43.12 gunthas, you may seek a partition decree from the revenue or civil court to physically divide the land and enable alienation of your specific share legally[legal principles of co-ownership and partition].

2. In the case of the house acquired under the Pagdi system, possession and use by the youngest brother along with utility bills and Aadhaar in his name, plus execution of a notarized indemnity bond with the landlord, indicates strong possession rights. However, the legal ownership of the house and rights over the property remain with the hereditary owners collectively including all brothers and mother’s heirs. The co-owners (other brothers) retain legal claims over the property irrespective of physical possession by one member unless a partition or exclusive ownership decree is obtained in his or her favor. The co-owners can file a suit for partition and claim their share despite the younger brother occupying the property. The indemnity bond executed does not substitute the right of ownership or transfer rights to the youngest brother except for the purposes it is intended for with the landlord[legal principles of possession vs ownership; relevant case laws on Pagdi tenure].

For comprehensive guidance and drafting of petitions or agreements in either matter, you are welcome to contact us for a consultation.

Dear Client,

Regarding the agricultural land, each of the seven co-owners holds an undivided share, so while the one member’s refusal prevents a physical sale of his 7.18 gunthas portion, it does not block the remaining six from selling their collective undivided share of 43.12 gunthas the buyer would then simply step into their shoes as co-owner alongside the dissenting member; as for the Pagdi house, even though your youngest brother has been in possession, pays utilities, and executed an indemnity bond, tenancy rights under the Pagdi system are generally considered inheritable among all legal heirs, meaning your other brothers can still assert their share despite his current possession, and if the landlord sells the property in future, his practical control may give him an advantage, but it will not fully extinguish the others’ legal claim, so you should be aware of both the legal position and the scope for family dispute if challenged.

I hope this answer helps, for any further queries, please do not hesitate to contact us. Thank You

A1 -  Yes, the 6 co-owners can sell their undivided share (43.12 gunthas). The refusing co-owner’s share (7.18 gunthas) remains with him. Physical division is possible only after partition.

A2 - All 4 brothers inherited tenancy rights. Possession and documents in the youngest brother’s name do not cancel others’ rights. They can still claim a share if the property is sold.