Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1961 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1961 (4) TMI 79 - SC - Indian LawsWhether a sale by a widow of properties which are the subject matter of a usufructuary mortgage is beyond her powers when the mortgagee cannot sue to recover the amount due on the mortgage? Held that:- Appeal allowed. When there is a mortgage subsisting on the property, the question whether the widow could sell it in discharge of it is a question which must be determined on the facts of each case, there being no absolute prohibition against her effecting a sale in a proper case. What has to be determined is whether the act is one which can be justified as that of a prudent owner managing his or her own properties. If the income from the property has increased in value, it would be a reasonable step to take to dispose of some of the properties in discharge of the debt and redeem the rest so that the estate can have the benefit of the income. Thus a sale by a widow of a property which is subject to a usufructuary mortgage is not binding on the reversioners must be held to be wrong.
|