Hindu Law and Custom (Recht und Sitte) c8.222

c8.222

A debtor or a witness who does not know how to write may appoint some one else to write for him. A deed of debt which is throughout written by the debtor is however valid even without the signature of witnesses, but it is not valid if the writer has to write it under compulsion or if fraud, bribe or enmity plays any part in it or if it contains the signature of a witness who has been bribed or whose character may be questioned in any way. Generally if a question is raised every document has to undergo a close examination in which the contents and the form of the document as well as the capacity of doing legal business and the character of the writer of the document and the witnesses and the general circumstances are put to test. The art of forging handwritings has been particularly warned against, for which comparison of hand-writings and a very close examination of the documents are necessary. In the case of an old document it is difficult to prove its authenticity, particularly if all or a part of the persons who gave their signature in it are no longer alive; for this reason it is recommended that the document should be shown and read to the debtor on every opportunity and that he should be reminded of it repeatedly, for otherwise after 30 years the document will become invalid even though the witnesses are still alive. If a document is lost, e. g. through fire, or if it is injured, another document is to be given for it (Vi. :7, 6—13; M. 8, 168; Y. 2, 89—92; Nār. 1, 135—146; Bṛh. 8, 20—31.)