https://www.taxtmi.com/caselaws?id=183635 A testamentary guardian's mortgaging powers remained subject to the restrictions in the will, and court sanctions obtained without disclosure of those restrictions could not validate an alienation of the minor's entire estate. A Guardians and Wards Act sanction does not remove a testamentary fetter unless the statutory basis for doing so is satisfied, and a fraud-induced sanction may be challenged in defence. The alienations were treated as voidable rather than void, so restitution was required before avoidance. The mortgages were therefore not enforceable as charges on the whole interest merely by reason of the sanctions obtained, though recovery of the debt with interest was allowed from the sale proceeds and as a charge in the manner ordered. en-us Wed, 22 Aug 1973 00:00:00 +0530 Thu, 16 Jun 2016 18:33:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=183635 A testamentary guardian's mortgaging powers remained subject to the restrictions in the will, and court sanctions obtained without disclosure of those restrictions could not validate an alienation of the minor's entire estate. A Guardians and Wards Act sanction does not remove a testamentary fetter unless the statutory basis for doing so is satisfied, and a fraud-induced sanction may be challenged in defence. The alienations were treated as voidable rather than void, so restitution was required before avoidance. The mortgages were therefore not enforceable as charges on the whole interest merely by reason of the sanctions obtained, though recovery of the debt with interest was allowed from the sale proceeds and as a charge in the manner ordered. Case-Laws Indian Laws Wed, 22 Aug 1973 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=183635