History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.247

v4.c63.247

It may be noted that there were a few rare texts that referred to very short periods for possession causing loss of title, viz. 3 years for immovable property (provided there was no permissive origin, *kṣamāliṅga*) or one year for corn, cattle and other movables⁴⁶⁷. This idea being opposed to innumerable texts was explained away as merely conveying the great importance of possession. Marīci states⁴⁶⁸ that cows, beasts of burden, ornaments that are borrowed through friendship should be returned within four or five years, otherwise the owner would lose them. This is opposed to Manu VIII. 146 and other texts and so is explained as being applicable only if there is no sufficient cause for allowing them to remain with the borrower. The ancient Roman Law was very like this. Before Justinian the Roman Law gave the ownership of a thing by quiet possession bona fide and founded on good title if maintained during one year over movables and during two years over immovable property⁴⁶⁹. Justinian altered this and provided that possession during three years gave ownership of movables and possession during ten years (if parties resided in the same province) or during twenty years (if they did not) gave the ownership of immovable property.