Partition of Property in Nepal (2080) - Easy guide to Ansabanda law in Nepal - Mero Adalat (2024)

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.

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 ofeach partnerandtheirmother, 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 propertyto bedistributed concealed,
6. Iftheproperty 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 ofthe co-analystis entrusted tosomeone, information about it,
8. Other necessary things.

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. Plotlocation, plot number, area,anditsapproximatevalue,
2. Forhouse, location, plotnumber,area, Kabal (rooms), Naal (size), the story of the house, whetherconcretebuilt ormixed,anditsapproximatevalue,
3. In the case of movable property,its dataand approximatevalue,
4. In the case of cash, detailsthereofand bankbalance details, shares, bonds, debentures,
5. If any,Information abouttheanimals and their approximate value
6. For gold, silver, and jewelry,details andtheirapproximatevalue,
7. In the case of a motor vehicle,itsdetails and approximatevalue,D
8. Dataand approximate value ofitemsother than thosem*ntionedinclauses (1) through (7).

Prohibition of hiding property

Ifthe coparcenerhidestheproperty that is in his name and is tobe distributed duringthedistributionor when the courtrequiresan inventory, thecoparcener who hid thispropertyhasnoright.toacquiresuch property.Hidden orconcealedassets mustbeshared amongothercoparceners.

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

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.

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