Partition of Property in Nepal (2080) – Easy guide to Ansabanda law in Nepal

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 the 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.

Partition of Property in Nepal

Legal Provisions of Partition of Property in Nepal

The law relating to the partition of property in Nepal is governed by the 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 property rights.

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:

  1. The Property Earned by Individual Skill, Efforts, and Knowledge:
  2. The Property Acquired as Gift or as Property from inheritance
  3. The Property Received from Lottery or as Gift
  4. The Property Received as Remuneration Provident Fund, Pension, Medical Expenses, Service Allowance, Insurance, or Other Social Security
  5. The property acquired by a person as intellectual property or royalty
  6. The property was acquired after living separately.

Matters to be specified in Documents of Partition

  1. The name, surname, age, and address of each partner and their mother, father, grandfather, and grandmother, 
  2. Assets accruing to responsible persons,
  3. If the partner has debts, claims, the amount of debts and money,
  4. If, in connection with the division, one of the partners intends to live with the other roommate,
  5. Information about a matter which neither the counterparty concealed nor the property to be distributed concealed,
  6. If the property is transferred only to married couples, then in the event of the death of the father, mother, husband, or wife, information about this, 
  7. If the part of the co-analyst is entrusted to someone, information about it,
  8. Other necessary things.
Partition of Property in Nepal

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 register in the concerned office, having fulfilled all the legal requirements.

Matters to be set out in Inventory

  1. Plot location, plot number, area, and its approximate value, 
  2. For house, location, plot number, area, Kabal (rooms), Naal (size), the story of the house, whether concrete built or mixed, and its approximate value, 
  3. In the case of movable property, its data and approximate value, 
  4. In the case of cash, details thereof and bank balance details, shares, bonds, debentures, 
  5. If any, Information about the animals and their approximate value
  6. For gold, silver, and jewelry, details and their approximate value, 
  7. In the case of a motor vehicle, its details and approximate value, D
  8. Data and approximate value of items other than those mentioned in clauses (1) through (7).

Prohibition of hiding property

If the coparcener hides the property that is in his name and is to be distributed during the distribution or when the court requires an inventory, the coparcener who hid this property has no right. to acquire such property. Hidden or concealed assets must be shared among 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

  1. 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,
  2. Within three months from the date of partition if one is not satisfied with such partition,
  3. In case of concealing or hiding property, till the life of the concerned coparcener,
  4. 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 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 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 earnings and the property acquired before and after the marriage.

For Answer and Question

Can an unborn child have a partition share in Nepal?

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 is liable for the partition of property in Nepal?

The husband, wife, father, mother, son, and
daughter are 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.

Can the second wife or son thereafter get a partition share from their husband or father respectively in Nepal?

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.

Does the husband or wife get separated by obtaining a partition share in Nepal?

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 may retain such
property.

What happens when a person who is not entitled to partition files a case demanding partition share in Nepal?

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.

Conclusion

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.

If you have any queries then please feel free to comment below or you can directly contact us for services.

Whatsapp or Call us at +977 9862944100


Share on:

12 thoughts on “Partition of Property in Nepal (2080) – Easy guide to Ansabanda law in Nepal”

  1. hello sir, property hajur ama ko name ma cha ani dui chora chan uhako ani ek chora ley kitta kat garera afno bhag lina khojda arko chora agree nabhako case ma k garna sakincha ?

    Reply
  2. Sir
    Bua ko age 80 varsha bhaisakeko chha . Chorra marfat sabai Swasthya suvidha ra anya suvidha bhaye pani . Chhori ko lalai fakai ma parera . Jor jabran bua le ghar sampati bechnu khojda . Chorra haru le anaitik dhang le jagga bech bikran kosish gare ma jagga ma rokka garnu milxa ki mildaina ?

    Reply
  3. Hi sir mero sautini aama xara usko xora Ailey 11yrs ko xa mero bau ley maile nasodikana usko sautini xora lie sampati lukara namm sari garna milxa ki mildiana yeti vanidinu nai hai

    Reply
  4. i am in abroad and and i am 29 years old. my father have done 2 marriage even he had not done any things for me till the date for me and for my mother and without informing they transferred all the property to the the brother of another mother so in this case how can i case a file please let me know about this problem sir
    Thankyou !

    Reply

Leave a Comment