You can usually sell your share, and you are taxed only on your share
On the legal side, co-ownership does not lock you in. A co-owner can generally transfer their own undivided share of a property, and the buyer takes that share and steps into your position as a co-owner (Section 44 of the Transfer of Property Act). That is a legal matter your conveyancing lawyer confirms for the specific property and its title.
On the tax side, you are taxed only on what you actually own. Each co-owner's capital gain is computed separately on their proportionate share, with the sale consideration, the cost of acquisition and the expenses all split by ownership share (Section 45 read with Section 48). So if you own a third, you are taxed on a third of the gain, worked on a third of the price and a third of the cost, and the other co-owners are taxed on theirs.
Litigation does not, by itself, defer the tax
A common assumption is that while the property is under dispute nothing is taxable. That is not how it works. The gain arises in the year your share is actually transferred (Section 45); a clouded title or a pending suit does not defer the tax if a transfer has in fact happened.
Where a buyer is willing to take a share that is subject to a suit, a lis pendens notice binds their title to the outcome of that litigation, meaning they take the risk of the result. But that is about the buyer's title, not your tax year: your gain still falls in the year you transferred your share. The genuine exception is timing, if no transfer has yet occurred because the dispute is blocking any sale, then there is no gain to tax yet; and if a completed sale is later undone by the court, that reversal is a separate later event to be dealt with when it happens.
The NRI TDS on a co-owned sale
Because you are a non-resident co-owner, the buyer must deduct TDS under Section 195 on the consideration for your share. Where the property is co-owned by a mix of a non-resident and residents, the buyer deducts under Section 195 on the non-resident's share and under the resident-property rule on a resident's share, so the deduction is not one blanket figure but is split by owner. Getting that split right at the buyer's end is where co-owned NRI sales most often go wrong.
A practising CA scopes your share, computes your portion of the gain, applies for a Form 13 lower-deduction certificate so the buyer withholds on your real gain rather than the gross value of your share, and carries it into your return. The title dispute itself is handled by your lawyer; the CA keeps the tax on your share clean and correctly timed alongside it.