https://www.taxtmi.com/caselaws?id=128160 A Hindu widow, subject only to the requirement of legal necessity or benefit to the estate, may validly sell property even if it is under a usufructuary mortgage, because she can choose the form of alienation as a prudent owner. The sale was upheld where necessity had been found on the facts, and it bound the reversioners despite the mortgagee's possession and the subsisting right of redemption. The text also states that when co-ordinate Benches of equal strength give conflicting rulings, a later Bench should ordinarily refer the matter to a larger Bench rather than resolve the conflict itself. The sale was therefore treated as valid and binding. en-us Fri, 28 Apr 1961 00:00:00 +0530 Thu, 22 May 2014 11:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=128160 A Hindu widow, subject only to the requirement of legal necessity or benefit to the estate, may validly sell property even if it is under a usufructuary mortgage, because she can choose the form of alienation as a prudent owner. The sale was upheld where necessity had been found on the facts, and it bound the reversioners despite the mortgagee's possession and the subsisting right of redemption. The text also states that when co-ordinate Benches of equal strength give conflicting rulings, a later Bench should ordinarily refer the matter to a larger Bench rather than resolve the conflict itself. The sale was therefore treated as valid and binding. Case-Laws Indian Laws Fri, 28 Apr 1961 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=128160