DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0104
NARADA.
I, 136.
76
self; (the second), in that of another person, (the
former being valid) without subscribing witnesses,
the latter requiring to be attested. The validity of
both depends on local usage.
*136. That document is said to be valid which
is not adverse to the custom of the country, the con-
tents of which answer to the rules regarding pledges
(and other kinds of security), and which is consistent
in import and language.
*137. That document is invalid which has been
executed by a person intoxicated, by one charged
(with a crime), by a woman, or by a child, and that
which has been caused to be written by forcible
means, by intimidation, or by deception.
138. A bond ceases to be valid in that case also,
if the witnesses, creditor, debtor, and scribe be dead,
tom of the country, i. e. the usages prevailing in each country with
regard to the validity of documents, is supreme. A. Vish/zu VII,
1-5; Ya^navalkya II, 84-88.
136. I have translated the readingvyaktadhividhilakshawam. That
writing is not adverse to the custom of the country which does not
record an invalid gift, or a disposition in regard to a minor, &c.
If the contents of a document are in accordance with the rules
regarding pledges, sureties, &c., and if its import and language is
free from obscurity and breaks, it is valid. A. Vishzzu VII, 11.
137. What has been written by one intoxicated, or charged with
the murder of a Brahman or other heavy crime, or by a woman or
child; what has been caused to be written by forcible means, the
writer not being concerned in the subject matter; and what has
been written by one intimidated, or under a delusion; all such
documents are invalid. A. Vishzzu VII, 6-10 ; Ya^navalkya II, 89.
138. The invalidity of those documents, where the creditor,
debtor, witnesses, and writer are all dead, is declared for that
reason, because such documents may be suspected of forgery.
Even after the actual death of all those persons, however, a docu-
ment retains its validity, where a pledge is in existence and in the
possession of the creditor. A.
I, 136.
76
self; (the second), in that of another person, (the
former being valid) without subscribing witnesses,
the latter requiring to be attested. The validity of
both depends on local usage.
*136. That document is said to be valid which
is not adverse to the custom of the country, the con-
tents of which answer to the rules regarding pledges
(and other kinds of security), and which is consistent
in import and language.
*137. That document is invalid which has been
executed by a person intoxicated, by one charged
(with a crime), by a woman, or by a child, and that
which has been caused to be written by forcible
means, by intimidation, or by deception.
138. A bond ceases to be valid in that case also,
if the witnesses, creditor, debtor, and scribe be dead,
tom of the country, i. e. the usages prevailing in each country with
regard to the validity of documents, is supreme. A. Vish/zu VII,
1-5; Ya^navalkya II, 84-88.
136. I have translated the readingvyaktadhividhilakshawam. That
writing is not adverse to the custom of the country which does not
record an invalid gift, or a disposition in regard to a minor, &c.
If the contents of a document are in accordance with the rules
regarding pledges, sureties, &c., and if its import and language is
free from obscurity and breaks, it is valid. A. Vishzzu VII, 11.
137. What has been written by one intoxicated, or charged with
the murder of a Brahman or other heavy crime, or by a woman or
child; what has been caused to be written by forcible means, the
writer not being concerned in the subject matter; and what has
been written by one intimidated, or under a delusion; all such
documents are invalid. A. Vishzzu VII, 6-10 ; Ya^navalkya II, 89.
138. The invalidity of those documents, where the creditor,
debtor, witnesses, and writer are all dead, is declared for that
reason, because such documents may be suspected of forgery.
Even after the actual death of all those persons, however, a docu-
ment retains its validity, where a pledge is in existence and in the
possession of the creditor. A.