History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.600

v4.c63.600

If a man first mortgaged his property and then sold it, the purchaser took it subject to the rights of the mortgagee (Vasiṣṭha quoted by Sm. C. II. p. 145). If a person executed a mortgage, a sale and a gift of the same thing on the same day, then the donee would take one-third of the thing and the mortgagee and purchaser would share the remaining two-thirds in proportion to the money paid by each⁷¹³. If a person was liable to pay several debts, some secured by a pledge or mortgage and some taken on personal security, the latter were to be paid first and redemption of the mortgage was to be ordered afterwards, according to Bharadvāja (q. by Vy. Nir. p. 245).