This article will guide you through all the provisions of succession law in Nepal.
This succession law in Nepal is guided by Muluki Civil Code 2074.
Succession refers to the transfer of property, rights, or obligations from one person to another often through inheritance or a legal will.
Succession is mainly divided into two types i.e
- Testamentary succession property by will
- Intestamentory succession- property by operation of law
Succession Law in Nepal – Legal Provisions
Succession deemed to be opened
Upon the death of a person, succession to his or her property shall be deemed to be opened.
Heir entitled to succession
Where succession to a person’s property is opened, his or her nearest heir shall be entitled to such succession.
Order of Preference of Heirs for Succession
- Husband or wife living in the undivided family,
- Son, daughter, widow daughter-in-law living in the undivided family,
- Father, mother, stepmother, grandson, granddaughter, grand-daughter-in-law, on the side of son or daughter, living in the undivided family,
- Separated husband, wife, son, daughter, father, mother, step-mother,
- Separated grand-son, grand-daughter from the son’s generation,
- Separated grand-father, grand-mother,
- Grand-father, grand-mother, elder brother, younger brother, elder sister, younger sister, widow elder brother’s wife or younger brother’s wife living in the undivided family,
- Uncle, aunt, nephew, niece, living in the joint family,
- Separated elder brother, younger brother, elder sister, younger sister, widow elder brother’s wife or younger brother’s wife.
Disqualified for Succession
If a person kills or causes the death of, another person with the intent to serve any premeditation or with the ulterior motive to obtain succession, the heir to the person who so kills or causes death shall be disqualified from the succession of the deceased or his or her heir.
Obligations and rights of the person upon whom succession is
- To perform, or cause to be performed, funeral and obsequies rites of the deceased according to his or her rites and rituals,
- To repay the debt borrowed by the deceased to the creditor,
- To have right over the debt lent and investment made by the deceased.
The Creditor may Recover the Debt
If succession to one’s property is opened and one has creditors, such creditors may recover their debts and liabilities from the person upon whom succession has
Provided that no heir shall be obliged to pay debts and liabilities in excess of the deceased’s property succeeded to by him or her.
Succession to Property of Foreigner died in Nepal
If a foreigner who dies in Nepal has property without an heir in Nepal, a person who performs his or her obsequies or maintains his or her books and accounts shall immediately give notice thereof to the nearby Local Level.
If a notice is received, the Local Level shall prepare an inventory of the properties of the deceased in witness of two local persons and forward the inventory, accompanied by a copy of the memorandum (Muchulka) executed to that effect, to the concerned district level administrative office.
If a memorandum, along with the inventory of properties is received, such an office
shall immediately give information thereof to the Federal Ministry of Home Affairs.
If information is received, the Federal Ministry of Home Affairs shall also send a notice, in accordance with the law, through the diplomatic channel of the concerned country, to the heir of the dead person to appear to receive the properties of the deceased within four months.
Statute of limitation
A lawsuit may be made within the statute of limitation, if any, set forth elsewhere in this law, and in other cases, within a period of three years after the date on which the succession is opened.