History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.619

v4.c63.619

If the mortgagee is dead or absent abroad, and the debtor wants to redeem he may take back the ādhi after paying the amount due to the family i. e. to his sons and other agnatic relations or to his cognates and in the absence of these (if the creditor be a brāhmaṇa) to other brāhmaṇas (and if no brāhmaṇas be available) he may cast the money into water (Yāj. II. 62 and Nār. IV. 112-113). The Kauśika-sūtra⁷²⁵ (46. 36-40) contains provisions about casting the debt in the cemetery or where four roads meet if the creditor is dead and there are no heirs. The Saṅgraha says that it may be thrown into water with a palāśa leaf to the accompaniment of Tai. S. III. 3. 4. 1-2 quoted above (n. 671). Another alternative is that the debtor may have a valuation of the ādhi made at the time when he wants to redeem (and the creditor is absent), and allow it to remain with the creditor but without interest (and redeem it at the valuation when the creditor comes or secure the price from the creditor if the ādhi be afterwards lost or destroyed, acc. to *Mit.* on Yāj. II. 63).