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Hindu Law and Custom (Recht und Sitte) c8.17

Hindu Law and Custom (Recht und Sitte) c8.17

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c8.17

Moreover, it is essential that the possession should continue without any interruption; usucaption takes place only if it can be proved by means of documents and witnesses that the house or field in question was not *chinnabhoga*, i. e. its possession was not interrupted (Bṛh. 9, 15; Nār. 13, 48). Certain categories of proprietors enjoy this benefit of law that their property cannot in general be lost through prescription; this advantage is enjoyed by princes and their officers, women, Śrotriyas and ascetics besides minors and halfwitted persons, already mentioned above (Gaut. 12, 38; Y. 2, 25; Bṛh. 9, 21 etc.). Prescription of course does not apply to a property which has been lent, deposited or mortgaged (Vas. 16, 18; Nār. 1, 81, etc.) and female slaves (M. 8, 149 etc.) are not lost through adverse possession; this law is perhaps meant for the concubines who are said to remain with their master even at a partition of property (Gaut. 28, 47).

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