व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

24 VYAVAHĀRAMAYŪKHA { S. II. i 3-5
{ M p. 18 ll 1 25

• Prajāpati describes a submortgage
  If the creditor hypothecates to another the thing already pledged with
  him for the same amount (for which it was pledged with him) he should
  pass a (fresh) deed of mortgage (or pledge) and should hand over the
  prior (deed of mortgage or pledge) to him (to his own creditor)
  Yājñavalkya (II 94) also (says)
  When (a debtor) has paid off the debt he should have the deed (of
  debt) torn off or he should cause a new writing to be passed (by the
  creditor if the original be lost or inaccessible at the time) for the purpose
  of (being able to establish) his freedom from the debt
  Nārada (p 75 v 135) mentions the difference between writings in one's own
  hand and in another's hand referred to already
  Writings are of two kinds, viz those made in one's own hand and those
  made in another's hand and not having attestation and having attestation
  (respectively) Their validity depends upon the usages of the country
  (where they are made) ¹
  Yājñavalkya (II 89) says
  A writing in one's own hand though without witnesses is declared by
  the smṛtis to be (legal) evidence provided it is not due to force or fraud
  Balam means force, upādhiḥ means greed and the like ²
  The same author (Yāj II 84-85) declares a special characteristic of documents
  made in another's hand
  Whatever transaction is settled mutually according to their wishes
  should be consigned to writing attested by witnesses and having at the
  head the name of the creditor and should be marked with the year the
  month the fortnight the day the names, castes and gotras (of the creditor
  and the debtor) titles due to Vedic affinities their own names and the
  names of their fathers and the like
  § Sabrahmacārika means a secondary name due to the (study of) the
  Bahvṛca and other śākhās (of the Veda) such as Bahvṛcaḥ (a student
  of the Ṛgveda) Kaṭhaḥ (a student of the Kaṭhaka Śākha of the Yajur-
  veda) ³ The same author (Yāj II 86-88) says
  ―――――――――――――――――――――――――――――――――――――――――――――――――――――――――――――――――――

1. What is written in one's own hand need not be attested by witnesses, while
   what is written in another's hand requires attestation. This verse is quoted in Radhabai v
   Ganesh I. L. R. 3 Bom. 7 where it was held that the court was not bound to apply strictly
   this rule to Hindu wills, since wills were not recognised by ancient Hindu Law and
   a will written by another man and signed by the testator was held to be valid though it
   was not attested.
2. The primary meaning of upādhi is a trick or deceit and not greed as
   Nīlakaṇṭha says.
3. Compare the Madhuban copperplate inscription of Harṣa (Epigraphia Indica vol
   VII p. 155) where the donees are described as chāndoga-sabrahmacāri and bahvṛca
   sabrahmacāri
   P 26 (text) § P 27 (text)