Chapter 27

Possession

A document, witnesses, and possession are desired as the three kinds of evidence. Among the means of proof, possession is held by men to be equal to a valid document. // K_313 //

In a dispute concerning a public road, an exit, a doorway, a watercourse, and the like, possession alone is weightier among the means of proof; this is the settled rule. // K_314 //

A witness is superior to inference, a document is superior to witnesses, and possession, uninterrupted for three generations, is weightier than these. // K_315 //

Force should not be used in enjoyment by the acquirer or his son in the case of cattle, women, men, and the like; this is the established law. // K_316 //

Possession is said to be of two kinds: with title and without title. If possession for three generations is independent, it is valid; if it is for a shorter period, it must be with title. // K_317 //

Possession from the grandfather is primary, and that from the father is also accepted. Uninterrupted by these three, possession for sixty years is considered firm. // K_318 //

When something has been properly enjoyed through possession with a lawful source, the acquirer obtains it, and it should never be taken away. // K_319 //

A litigant whose document of title has been lost but who relies on possession must state in court the time, the proof, and the gift. // K_320 //

Possession of land with a lawful source is desired from a time within memory. From a time beyond memory, due to the absence of succession, it must have come down through three generations. // K_321 //

At the beginning, there is the cause; in the middle, possession with a lawful source. The sole cause is possession itself, when it is continuous for three generations. // K_322 //

The original acquirer, even if he has possession, must clear any defects in the document. His son must clear defects in the possession, but is not affected by defects in the document. // K_323 //

He who has acquired a certain property must, when sued, clear his title to it. Even in the case of long-term enjoyment, possession alone is not accepted for him. // K_324 //

One should not disturb, out of greed, a long-standing possession whose origin is unknown. // K_325 //

Property that was enjoyed by one's father according to the rules of possession and law, after his death, his heir should not be questioned, for it is his by right of possession. // K_326 //

Land that has been enjoyed by three generations according to the rules, the fourth shall obtain it, even in the absence of a document. // K_327 //

Just as milk, over time, produces curd endowed with flavor, so does possession, come down through three generations, become a cause for ownership over time. // K_328 //

Possession that is continuous and long-standing is powerful in law. Even if it is interrupted, it is to be recognized if it was previously established. // K_329 //

One should not establish a claim by possession in the case of women, the property of gods and kings, and the wealth of a minor or a learned Brahmin, which comes from the mother's or father's side respectively. // K_330 //

A student observing celibacy may live for thirty-six years without following the vow. A man seeking wealth may reside in another country for a long time. // K_331 //

Having returned, the student who has broken his vow should then seek his own wealth. Possession for fifty years is what takes away that wealth. // K_332 //

For students of the Vedas, a period of twelve years is prescribed. For students of crafts and sciences, it is declared to be until the completion of their learning. // K_333 //

The property of these people, which has been enjoyed by their friends and relatives while they were not looking, and that of those who have committed an offense against the king, is not lost by the passage of time. // K_334 //

Property that has been enjoyed by paternal kinsmen, relatives, and one's own people—validity is not established there by possession; possession should be established elsewhere. // K_335 //