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NÂRADA.
1,93.
*93. If a litigant dies before a lawsuit (regarding property enjoyed by him) has been decided, the son is required to prove his title. The enjoyment is not legitimate (otherwise).
*94. After the death of a creditor, witnesses, though available, cannot give valid evidence, except if a statement made by the creditor himself on his deathbed (has been preserved).
95. After the death of the defendant, the deposition of witnesses ceases to make evidence. An attested document retains its validity during his lifetime only.
* 96. Where a pious act is announced by a diseased
93. Supposing a man were to have obtained possession of the property of a stranger by one of the previously mentioned illegitimate modes of acquisition, if the rightful owner were to impeach him for it, and if the possessor were to die before the case has been decided, in that case the son would have to substantiate his claim, and would not be allowed to continue his enjoyment of the property without doing so. A. Yågñavalkya II, 29.
94. A man says after the death of his creditor, 'I have restored this or that cow, female buffalo, bull, or field to my creditor; certain honest men have witnessed the transaction.' Another man says,
Your father owes me one hundred drachmas; certain persons have witnessed the transaction.' He dies, however, before his claim has been examined. In either of these two cases trustworthy witnesses even are of no avail. If, however, the creditor has stated his claim before witnesses on his deathbed; or if a man has given evidence as witness on his deathbed regarding a certain loan, about which the creditor has asked him; the testimony of the witnesses has to be considered as valid even after his death. A.
95. The defendant,' i.e. the debtor. An attested document is valid while he lives only. It loses its validity after his death. A.
06. When a diseased father has stated his intentions regarding a religious endowment or other matters of this kind during the absence of his sons, but in the presence of witnesses, the deposition of the latter will be valid even after his death. Similarly, when a man
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