https://www.taxtmi.com/caselaws?id=458324 A widow's sale of mortgaged property could be upheld only if it was shown to be for legal necessity, including discharge of the usufructuary mortgage. Although a widow could incur debt for her own liabilities and for the marriage expenses of her daughter and grand-daughter, the alienation still had to be supported by proof that the required funds could not be raised from other available properties. The burden rested on the defendants to show the absence of alternative assets, and in the absence of such evidence the sale was not justified. The purchasers could, however, redeem by payment of the mortgage amount with interest within the time allowed. en-us Tue, 06 Jan 1925 00:00:00 +0530 Tue, 22 Oct 2024 15:27:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458324 A widow's sale of mortgaged property could be upheld only if it was shown to be for legal necessity, including discharge of the usufructuary mortgage. Although a widow could incur debt for her own liabilities and for the marriage expenses of her daughter and grand-daughter, the alienation still had to be supported by proof that the required funds could not be raised from other available properties. The burden rested on the defendants to show the absence of alternative assets, and in the absence of such evidence the sale was not justified. The purchasers could, however, redeem by payment of the mortgage amount with interest within the time allowed. Case-Laws Indian Laws Tue, 06 Jan 1925 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458324