Widow's residence right yields to binding husband's debt, leaving execution purchaser free to obtain possession.

A widow in occupation of her deceased husband's dwelling house cannot resist delivery of possession to an execution purchaser where the underlying debt was binding on the husband and his estate. Her right of maintenance, including residence, is not an independent charge during the husband's lifetime, and if she takes the estate as heir she must first satisfy his binding debts. Authorities on joint family property were distinguished because a widow's residence right may survive only where the debt is not binding on her interest or is not for family benefit. The purchaser therefore acquires the property free from her claim to remain in occupation.

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Issues: Whether a widow in occupation of her deceased husband's dwelling house could resist delivery of possession to a purchaser in execution of a decree where the debt was binding on the husband and his estate.

Analysis: The right of maintenance of a widow, including residence, is not an independent charge on her husband's property during his lifetime. On his death, if the estate devolves upon her, she takes it as heir and must first answer her husband's binding debts. The authorities dealing with joint family property were distinguished on the footing that a widow's residence right may survive where the debt is not binding on her interest or is not for family benefit, but not where the debt is that of the husband himself and binds the estate in the hands of his legal representative. The purchaser in execution therefore acquires the property free from the widow's claim to remain in occupation of the residential portion.

Conclusion: The widow had no enforceable right of residence against the auction purchaser, and the order refusing delivery was modified so as to direct her ejectment from the portion of the house purchased by the appellant.

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