Chapter 55
Ancient Kātyāyana SanskritSale by a Non-Owner
One should annul a sale by a non-owner, a gift, and a pledge. // K_612 //
The claimant should first establish his ownership of the property with his kinsmen. Afterwards, for his own justification, the buyer should prove the purchase with his own kinsmen. // K_613 //
The owner of the lost property should establish his ownership of that property with witnesses. Having proven it was not given, abandoned, or sold by him, he gets back his property. // K_614 //
He must either prove a public purchase or produce the original seller. The time for producing the original seller should be given according to the distance in yojanas. // K_615 //
He should prove a public purchase with reputable kinsmen of his own. No other procedure, neither divine nor human, is prescribed there. // K_616 //
When, after producing the original seller, the claimant then speaks of a purchase, he must produce the original seller; the purchase is of no consequence. // K_617 //
If the original seller cannot be produced, he must then clear the purchase. When the purchase is cleared before the king, he is not to be questioned further. // K_618 //
If he does not produce the original seller, or does not clear the purchase, he shall be made to pay the property to the owner according to the claim, and also a fine. // K_619 //
If the owner of the lost property does not establish his ownership with kinsmen, he deserves the punishment of a thief, to prevent further dispute. // K_620 //
Property found in a market street, identified by royal officers, bought from an unknown source, or where the seller is dead... // K_621 //
...the owner, having paid half the price, may take back his property. Half is lost to both parties; such is the legal procedure there. // K_622 //
An unknown purchase is a fault, as is failure to protect the property. These two are declared by the wise to be causes of loss of property. // K_623 //