Section 27 in The Maharashtra Tenancy and Agricultural Lands Act, 1948
27. [ Sub-division, sub-letting and assignment prohibited. - (1) [Save as otherwise provided in section 32F no sub-division] [Section 27 was substituted for the original by Bombay 13 of 1956, Section 18.] or sub-letting of the land held by a tenant or assignment of any interest therein shall be valid:
Provided that nothing in this sub-section shall prejudicially affect the rights of a permanent tenant:Provided further that if the tenant dies,-(i)if he is member of a joint family, the surviving members of the said family, and(ii)if he is not a member of a joint family, his heirs,shall be entitled to partition and sub-divide the land leased subject to the following conditions(a)each sharer shall hold his share as a separate tenant,(b)the rent payable in respect of the land leased shall be apportioned among the sharers, as the case may be, according to the share allotted to them,(c)the area allotted to each sharer shall not be less than the unit which the State Government may, by general or special order, specify in this behalf having regard to the productive capacity and other circumstances relevant to the full and efficient use of the land for agriculture,(d)if such area is less than the unit referred to in clause (c), the sharers shall be entitled to enjoy the income jointly, but the land shall not be divided by metes and bounds,(e)if any question arises regarding the apportionment of the rent payable by the sharers, it shall be decided by the Mamlatdar, whose decision shall be final.(2)Notwithstanding anything contained in sub-section (1), it shall be lawful for a tenant-(a)who is a widow, minor or a person subject to any physical or mental disability, or a serving member of the armed forces, to sub-let such land held by her or him as a tenant; or(b)who is a member of a co-operative farming society and as such member to sub-let; assign, mortgage or to create a charge on his interest in the land in favour of such society, or in consideration of a loan advanced by any person authorised under section 54 of the Bombay Agricultural Debtors Relief Act, 1947.(3)Notwithstanding anything contained in sub-section (1), it shall also be lawful for a tenant to mortgage or create a charge on his interest in the land in favour of the State Government in consideration of a loan advanced to him by the State Government under the Land Improvement Loans Act, 1883, the Agriculturists' Loans Act, 1884, or the Bombay Non-Agriculturists' Loans Act, 1928, or in favour of a co-operative society in consideration of a loan advanced to him by such co-operative society, as the case may be, in the event of his making default in payment of such loan in accordance with the terms on which such loan was granted, it shall be lawful for the State Government or the co-operative society, as the case may be, to cause his interest in the :and to be attached and sold and the proceeds to be applied in payment of such loan.] [This section was substituted for the original by Bombay 13 of 1956, Section 15.]
