This article will help you to know about the law relating to the partition of property in Nepal. The legal provision relating to the partition of property in Nepal is governed by Muluki Civil Code 2074 (205-236 articles).
Partition means to divide ancestral property among coparceners. Partition means the division of ancestral property between the coparceners of the same family. As the basis is created for the maintenance of the family and its economic development and expansion are created within the right of property, it is seen as an important right in Nepali society, which creates or helps to create, a necessary basis for the life of the individual.
New Trends of Partition of Property in Nepal
With the change of time, the definition of paternal property and personal property and the process of the use and transfer of the property from partition has somewhat changed and it is being reformed.
The law has made provisions for equal rights for sons and daughters on paternal property. The unmarried daughter can also make claims for the partition of property in Nepal.
The provisions like the property in the partition cannot be transferred or sold without the permission of all the coparceners, no rights for the coparcener on the personal property of others, the separation to be made at any time according to the wishes of the coparcener, the sons and daughters or the wife can live separately by acquiring her property in the partition.
Legal Provisions of Partition of Property in Nepal
The law relating to the partition of property in Nepal is governed by Muluki civil code 2074.
The Procedure of Partition of Property in Nepal
In the partition of property in Nepal, the wife, the husband, the father, the mother, the son, or the daughter are considered coparceners. Every coparcener has equal rights to property.
The children or wives of brothers living together in a joint family can acquire property in the partition from their husband or father. If any individual has more than one wife, they receive the property in the partition from the part of the property of their husband.
The process of partition of property in Nepal can be done by the preparation of the document with witnesses, getting it signed by the witnesses and the coparcener, and getting it approved by the concerned office by fulfilling the formalities of the law.
The separation of any coparcener with the combination of good and better properties with the registered document or without it and the property being transferred in his name or the property being used or sold by the coparcener is accepted as the property in partition even in the absence of a legal document of the partition of the property.
Property that does not need to be Partitioned
Personal property does not need to be partitioned among the other coparceners.
Personal property includes:
- The Property Earned by Individual Skill, Efforts, and Knowledge:
- The Property Acquired as Gift or as Property from inheritance
- The Property Received from Lottery or as Gift
- The Property Received as Remuneration Provident Fund, Pension, Medical Expenses, Service Allowance, Insurance, or Other Social Security
- The property acquired by a person as intellectual property or royalty
- The property was acquired after living separately.
Matters to be specified in Documents of Partition
- Name, surname, age, address of every coparcener and that of his or her mother, father, grandfather, and grandmother,
- Property to be received by the coparceners,
- If the part of a coparcener involves debts, amounts of money receivable, amount of such debts and money,
- If, upon partition, any coparcener is to live with another coparcener, that details thereof,
- A matter to the effect that no coparcener has hidden or concealed any property subject to partition,
- If any property is to devolve on a coparcener only, upon the death of the father, mother, husband, or wife, details thereof,
- If the partition share of any coparcener is to be entrusted to anyone, details thereof,
- Other necessary matters.
Registration of documents of partition
In effecting partition, a document of partition shall be made in the presence of witnesses, bear the signature and thumb impression of the witness and the coparcener, and registered in the concerned office, having fulfilled all the legal requirements.
Matters to be set out in Inventory
- The place of location of land, plot No., area, and the approximate value thereof,
- In the case of a house, place of location, plot no, area, Kabal (rooms), Naal (size), the story of the house, whether it is concretely built or mud made, and the approximate value thereof,
- In the case of movable property, details and the approximate value thereof,
- In the case of cash, details thereof, and also details of bank balance, share, debenture, treasury bills, if any,
- In the case of livestock, details and the approximate value thereof,
- In the case of gold, silver, and jewelry, details and the approximate value thereof,
- In the case of a motor vehicle, details and approximate value thereof,
- Details and approximate value of the properties, if any, other than those referred to in clauses (1) through (7).
Prohibition of hiding property
If a coparcener hides any property which is held in his or her name and is liable to partition, at the time of effecting partition or at the time when asked by the court to submit an inventory, the coparcener so hiding the property shall have no right to obtain such property.
The property concealed or hidden shall be partitioned between the other coparceners.
Statute of Limitation Relating to Partition of Property in Nepal
If anyone is a victim in the partition of property, such a victim can file a case in court.
Condition and Time Limit of Case Filing
- Any time, where partition has never been effected or a common general deed has been executed in effecting partition and even though there is no deed where both the parties have enjoyed the property upon making the calculation,
- Within three months from the date of partition if one is not satisfied with such partition,
- In case of concealing or hiding property, till the life of the concerned coparcener,
- In cases other than that referred to in clauses (1), (2), and (3), within six months after the date on which such an act was done or action taken.
Gender Equation in Partition of Property in Nepal
The Supreme Court and the movement of women have played an important role in the establishment of rights of women for property in partition and in family matters. In the Nepalese Constitution, the subject of family matters and the right of the couple and equal rights of the daughter to the ancestral property are included under fundamental rights.
Especially the steps taken by Advocate Mira Kumari Dhungana for the achievement of equal rights to property in partition for sons and daughters in the year 2052 have been proved to be a milestone in the field of rights of women in Nepal.
Similarly, there has been a total change in the provision of the married daughter getting the property in the partition from the husband and the subject of the daughter getting the part of the property in the partition has been guaranteed for married women after 2074.
It has been guaranteed that any woman can live separately by acquiring the property in the partition from the husband after the marriage and she has monopoly rights on the property she has acquired as such.
The inclusion of the equal rights of the couple in the matters of property and family life in the Constitution has guaranteed the participation of women in each and every family matter, and the use, utilization, and acquisition of property.
As such the economic rights of the woman have been guaranteed. Similarly, the woman has monopoly rights on her personal earnings and the property acquired before and after the marriage.
For Answer and Question
If a woman coparcener is pregnant at the time of partition and the baby to be delivered by her is to become a coparcener, partition shall be made by treating also such would be born baby as a coparcener and only after setting aside his or her partition share of the property.
Who are liable for the partition of property in Nepal?
The husband, wife, father, mother, son, and
daughter is liable for the partition of property.
Can sons and daughters get partitioned from their mothers in Nepal?
A son and daughter whose father is not traced out shall obtain their partition share from the property belonging to their mother only.
If a person concludes another marriage or a child is born from the wife so married, such a wife, son or daughter shall obtain her or his partition share only from the part of the property of the husband or father respectively.
Can the partition be done at any time in Nepal?
If there is a mutual agreement between the coparcener, they may get separated at any time by obtaining their respective partition share.
If the husband, father, mother, or person acting as the head of the family thinks it appropriate for the coparcener to obtain their respective partition share and get divided rather than living in a single family, the coparcener may get separated by effecting partition at any time.
The husband or wife may, in any of the following circumstances, get separated at any time by obtaining his or her partition share:
(a) If the husband or wife expels the wife or husband
from the house,
(b) If the husband or wife causes physical or mental
torture to the wife or husband.
Can the widow get the partition after separation in Nepal?
A widow may get separated at any time by taking her partition share.
If a widow concludes another marriage, the property
obtained by her by way of partition share shall devolve on the son
and daughter, if any, born to her from the previous husband and, if
there is no such a son or daughter, she herself may retain such
If a person who is not entitled to receive a partition share is held to have filed a lawsuit for receiving it, the court shall order the law-suit filing person to pay to the defendant a reasonable compensation, having regard to the amount in controversy, if set
out from the case-file, and if such amount is not set out, to the
status of such a person.
Partition means the division of ancestral property between the coparceners of the same family. The idea is that the right to property is acquired from birth and it is accepted that any coparcener should not be deprived of it.
As the basis is created for the maintenance of the family and its economic development and expansion is created within the right of property, it is seen as an important right in Nepali society, which creates or helps to create, a necessary basis for the life of the individual.
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