The Minor Law Books (SBE33): Quotations from Nârada: IV. Writings and Possession

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IV. WRITINGS AND POSSESSION.

1. 1 A writing (or document) should be signed by witnesses, the (natural) order of ideas and syllables should not be interrupted, local customs and general rules should be observed in it, and it should be complete in every respect.

2. 2 A document signed by the king with his own hand, or sealed with his own seal, is declared to be a royal document, and is (considered as equal to) an attested document in all affairs.

3. 3 A document suspected (to have a blemish) is valid, unless the debtor should have clearly indicated its blemish; and so (is the validity of) a document which is more than twenty years old (established by mere lapse of time).

4. 4 In the beginning, gift is a cause (of ownership);

5 There are six modes of acquiring wealth: by obtaining (property), what is declared to have been given or earned, (acquisition through) valour, (in the shape of) a marriage portion, and through inheritance from relations or others.

6. 6 Having listened to the answer, (the plaintiff) at the trial shall produce a document as evidence, or he shall prove possession continued for a long time, and corroborated by (the statements of) the neighbours, or by (other) evidence.

7. 7 Supposing a religious student were to perform some vow extending over a period of thirty-six years, or a man (engaged in trade or traffic) were to reside abroad for a long time in the pursuit of wealth:

Footnotes

242:1 IV, 1. Smritik. lekhyam tu sâkshimat kâryam aviluptakramâksharam | desâkârasthitiyutam samagram sarvavastushu ||

242:2 Smritik.; Vîram. p. 195 ('Vasishtha').

242:3 Smritik.; Vîram. p. 200 ('Kâtyâyana'). The validity of a document having been called into doubt, because it either has a blemish or has been vitiated by the lapse of a considerable time, it becomes valid through proof by ordeal. This is the meaning, mere lapse of time being insufficient to produce validity. Smritik. This interpretation can hardly be correct, as ordeals are not referred to in this text.

242:4 M. Macn. III, 6, 5. In the case of the first man (possessor) 243:5 Smritik. labdham dânakriyâproktam sauryam vaivâhikam tathâ | bândhavâdipragâgâtam shadvidhas tu dhanâgamah || 'Obtaining,' by birth, paternal or other (inherited) wealth; or, obtaining property by finding it, as in the case of treasure-trove. Smritik.

243:6 Smritik. srutvottaram kriyâpade lekhyam sâdhanam uddiset | sâmantalakshanopetâ bhuktir vâ kirakâlikî. 'The term sâdhanam a fortiori denotes witnesses in this place. Therefore the meaning is as follows. In a dispute regarding a house, field, or other (immovable property), the claimant must adduce a document or witnesses, or he must plead possession.' Smritik.

243:7 7-10. Smritik. brahmakârî karet kimkid vratam shatrimsadâbdikam | arthârthî kânyavishaye dîrghakâlam vasen narah || samâvritto