Hindu Law and Custom (Recht und Sitte) c8.189

c8.189

The purchaser should try to protect himself not only from illusive representations and other treacherous manipulations of the seller but he should also be on his guard that he buys only from the real owner. The “sale without ownership” (*asvāmivikraya*), which already forms one of the 18 titles of law in M., is invalid and the legitimate owner may reclaim the sold property any time from the temporary proprietor. As it appears, regular markets used to be held. One should purchase only in the markets and even that before witnesses, during usual market time from honest vendors and at reasonable prices; otherwise the purchaser will be punished if he is not able to identify the vendor who will have to give him back the purchase price paid by him, while the purchased property is restored to the proper owner. Even when the seller cannot be found, but if the purchase has at least taken place in an open market, the purchaser receives no punishment, yet he must however give the article back to the owner. The seller however is punished in any case, whether he is a relative of the owner or not and all the same if it is an embezzled pledge or a deposit or if it is something found or stolen (Vi. 5, 164—166; M. 8, 197—202; Y. 2, 168—170; Nār. 7, 1—5 etc.). Even the owner must have his right to the disputed property corroborated by witnesses or other well-known means of proving. If he cannot show the proof he shall pay as penalty twice the amount of the value of the property falsely claimed by him. Even when he has proved his claim he shall pay to the purchaser half the price when the latter gives the property back to him if he had bought it bona fide in a bazaar (vaṇigvīthi) before royal officers (Bṛh. 13, 4—9).