chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Muluki Civil Code, 2017

172. Persons who may adopt a son or daughter: (1) The following persons may adopt a child as an adopted son or daughter: -

(a) A couple who has no son or daughter even after ten years of marriage,

(b) An unmarried, widowed, divorced, or judicially separated woman who has completed the age of forty-five years and has no son or daughter,

(c) An unmarried, widowed, divorced, or judicially separated man who has completed the age of forty-five years and has no son or daughter.

(2) Notwithstanding anything written in subsection (1), the following persons shall not adopt a son or daughter: -

(a) A person not of sound mind,

(b) A person convicted by a court on a criminal charge involving moral turpitude,

(c) A person who does not have the financial capacity to make arrangements for the maintenance, health, education, sports, recreation, and care of the minor.

(3) If a spouse in a joint family adopts a son or daughter pursuant to this section, he/she shall obtain the consent of the other spouse. 173. Persons who shall not be given or taken as adopted son or daughter: (1) No one shall take or give the following persons as an adopted son or daughter: -

(a) A person who has completed the age of fourteen years,

(b) A person who is the only son or daughter (of the biological parents):

Provided that this provision shall not apply in the situation under subsection (3) of section 175.

(c) A person who has once been taken as an adopted son or daughter:

Provided that this provision shall not apply if the adoption has been annulled pursuant to law.

(d) A person who is of an ascendant relationship to the person adopting,

(e) A non-Nepali citizen. Provided that the provisions of this clause shall not apply in the case of a non-resident Nepali citizen who has obtained foreign citizenship.

(2) Notwithstanding anything written in clause (a) of subsection (1), a person within three generations of relationship, or a son or daughter from the wife's former husband, may be adopted as a son or daughter even if he/she has exceeded the age of fourteen years. 174. Age difference between adopting person and adopted son or daughter: (1) There shall be a minimum age difference of twenty-five years between the person becoming the adopted son or daughter and the person adopting him/her.

(2) Notwithstanding anything written in subsection (1), the age restriction shall not apply when adopting a person within three generations of relationship. 175.
Muluki Civil Code, 2017

175. Consent required for adoption: (1) When any person adopts a child as an adopted son or daughter, written consent shall be obtained from both the father and mother of such child if both are alive, and from the surviving father or mother if only one of them is alive.

(2) Notwithstanding anything written in subsection (1), if the father and mother are separated due to termination of marital relationship or judicial separation, when adopting a child living with the father or mother according to the consent given at the time of such termination or separation, the consent of the father or mother with whom the child lives shall be obtained.

(3) Notwithstanding anything written in subsection (1), if the parents are not traceable, are not alive, or even if the parents are alive but the father or mother has remarried and such child is being maintained or cared for by some other person or institution, such child may be adopted with the written consent of the person or institution providing such maintenance or care.

(4) When adopting a child who has attained the age of ten years pursuant to subsection (1), (2), or (3), the written consent of the child himself/herself shall also be obtained.

(5) The written consent pursuant to subsection (4) shall be given by the concerned child in the presence of the father, mother, or the guardian or custodian exercising maternal or paternal authority.

(6) Before obtaining consent pursuant to this section, the person giving the child for adoption, the guardian or custodian, and the child shall be informed about the meaning, legal status, and consequences of adoption.

(7) While obtaining consent pursuant to this section, no financial inducement shall be made, and such consent shall be given voluntarily. 182. Duties of adopted son or daughter: The duties of an adopted son or daughter shall be as follows: -

(a) To make arrangements for the maintenance, health, and care of the person adopting him/her according to his/her honor and capacity, as if for his/her own father or mother,

(b) To protect, care for, and properly manage the property of the person adopting him/her,

(c) To protect the rights and interests of the person adopting him/her. 183. Facility of meeting and correspondence to be provided: The person adopting an adopted son or daughter shall provide the adopted son or daughter with the facility to meet and correspond with his/her biological parents from time to time. 184. Adoption to be void: If any person adopts a son or daughter contrary to sections 171, clauses (a) and (b) of subsections (1) and (2) of section 172, sections 173, 174, and 175, such adoption shall be automatically void. 185.
Muluki Civil Code, 2017

184. Adoption to be void: If any person adopts a son or daughter contrary to sections 171, clauses (a) and (b) of subsections (1) and (2) of section 172, sections 173, 174, and 175, such adoption shall be automatically void. 185. Annulment of adoption may be obtained: (1) If the person adopting an adopted son or daughter fails to fulfill the duties pursuant to section 181, the adopted son or daughter may obtain annulment of the adoption. Provided that if such adopted son or daughter has already taken a share, annulment shall not be obtained.

(2) The person adopting an adopted son or daughter may obtain annulment of the adoption in any of the following circumstances: -

(a) If the adopted son or daughter fails to fulfill the duties pursuant to section 182,

(b) If the adopted son or daughter expels him/her from the home or inflicts physical or mental torture repeatedly,

(c) If the adopted son or daughter misuses his/her property,

(d) If, without obtaining his/her consent, the adopted son or daughter lives separately for a period of three years or more.

(3) The provisions of clauses (a) and (d) of subsection (2) shall not apply in the case of a married adopted daughter. 186. Termination of adoption: (1) If an adoption is void or annulled pursuant to section 184 or 185, the relationship between the person adopting and the person becoming the adopted son or daughter shall be deemed to have ended.

(2) If the relationship between the person adopting and the person becoming the adopted son or daughter ends pursuant to subsection (1), the rights, powers, and duties vested in the latter as an adopted son or daughter shall also cease. Provided that this shall not affect any facility already enjoyed, right already acquired or used, or duty already performed during the period the adoption remained in effect. 187. Limitation period: A person aggrieved by any act or proceeding done pursuant to this Chapter may institute a lawsuit within one year from the date of such act. Chapter 9

Provisions Relating to Inter-country Adoption

188. Deemed inter-country adoption: If any foreigner accepts as an adopted son or daughter a minor who is a Nepali citizen or a foreigner residing in Nepal, it shall be deemed an inter-country adoption. 189.
Muluki Civil Code, 2017

Chapter 9

Provisions Relating to Inter-country Adoption

188. Deemed inter-country adoption: If any foreigner accepts as an adopted son or daughter a minor who is a Nepali citizen or a foreigner residing in Nepal, it shall be deemed an inter-country adoption. 189. Adoption not allowed without permission: (1) No foreigner shall, without the permission of the Government of Nepal, take any child of a Nepali citizen or a foreigner residing in Nepal as an adopted son or daughter.

(2) The Government of Nepal shall, by publishing a notice in the Nepal Gazette, permit only citizens or couples of countries that have been opened for inter-country adoption in Nepal to adopt a son or daughter pursuant to this Chapter. 190. Best interest of the child to be ensured while giving for adoption: (1) Before permitting a foreigner to adopt a son or daughter pursuant to this Chapter, the Government of Nepal shall consider the best interest of the child, the protection of his/her human rights, and whether such child is likely to be subjected to abduction, trafficking, or any other form of exploitation.

(2) While considering pursuant to subsection (1), permission for adoption pursuant to this Chapter shall be given only if it is deemed appropriate to allow a child to be adopted by a foreigner. 191. Children who may be given as adopted son or daughter: The following children who have resided in a children's home for at least six months may be given to a foreigner as an adopted son or daughter: -

(a) An orphan child whose both father and mother are dead and who is not under anyone's care,

(b) A voluntarily relinquished child.
Muluki Civil Code, 2017

Explanation: For the purposes of this Chapter, -

(1) "Children's home" means child welfare homes and orphanages established pursuant to law for the purpose of protecting the rights and interests of children, and includes children's homes or nursery schools established by the Government of Nepal.

(2) "Orphan minor" means any of the following children certified as orphan by the District Administration Office: -

(a) A child found abandoned by the police and whose father or mother is not found,

(b) A child abandoned in a hospital or health institution,

(c) A child whose father and mother are not traceable,

(d) A child whose both father and mother are dead and who has no property for maintenance.

(3) "Voluntarily relinquished child" means any of the following children who have been handed over to a children's home through the District Administration Office by the following persons, with a deed stating that they are unable to make arrangements for the maintenance, education, and training of the child: -

(a) In the case of a child whose father is dead or missing and whose mother has remarried, such mother,

(b) In the case where more than one child is born and the father is dead, missing, or not of sound mind, and the mother is unable to maintain or provide education and training to such child due to financial reasons, the mother of such child,

(c) In the case where more than one child is born and the mother is dead or not of sound mind, and the father is unable to maintain such child due to financial reasons, the father of such child,

(d) In the case of an orphan child with no property, the guardian or custodian. 192.
Muluki Civil Code, 2017

192. Foreigner who may adopt a son or daughter: (1) The following foreigners may be permitted to adopt a child of a Nepali citizen or a foreigner residing in Nepal as an adopted son or daughter: -

(a) A couple who has no son or daughter even after ten years of marriage,

(b) An unmarried, widowed, divorced, or judicially separated woman who has completed the age of forty-five years but has not exceeded fifty-five years and has no son or daughter,

(c) An unmarried, widowed, divorced, or judicially separated man who has completed the age of forty-five years but has not exceeded fifty-five years and has no son or daughter.

(2) Notwithstanding anything written in subsection (1), the following foreigners shall not be permitted to adopt a son or daughter: -

(a) A person not of sound mind,

(b) A person convicted by a court in Nepal or the concerned country on a criminal charge involving moral turpitude.

(3) Notwithstanding anything written in subsection (1), if the law of a foreign country allows its citizen to adopt more than one child as son or daughter, such person may adopt a son or daughter even if he/she already has sons or daughters.

(4) Notwithstanding anything else written in this section, a person from a country that prohibits Nepali citizens from adopting a son or daughter, or that discriminates the rights of adopted sons or daughters from those of natural born sons or daughters, shall not be able to adopt a son or daughter from Nepal. 193. Provision relating to Inter-country Adoption Board: (1) For the purpose of recommending permission for a child to be adopted by a foreigner pursuant to this Chapter, the Government of Nepal may, by publishing a notice in the Nepal Gazette, establish an Inter-country Adoption Board or designate any government body to function as the central body.
Muluki Civil Code, 2017

Explanation: For the purposes of this Chapter, "Board" means the Inter-country Adoption Board and also includes the government body designated to perform such work.

(2) While constituting the Board pursuant to subsection (1), it shall include at least one child rights activist who has worked in the field of child rights for at least fifteen years.

(3) In addition to the duties, functions, and powers written elsewhere in this Chapter, the other duties, functions, and powers of the Board shall be as follows: -

(a) To formulate policies on inter-country adoption and recommend them to the Government of Nepal,

(b) To coordinate among various bodies on matters relating to inter-country adoption,

(c) To prevent undue financial and other benefits that may arise during adoption,

(d) To provide information on the status of adoption if requested by the central authority on adoption of other countries or other public bodies concerned,

(e) To prevent child abuse, exploitation, trafficking, abduction, or sale that may occur during adoption, and to protect Nepali children from any other practices that may cause harm to children,

(f) To recommend to the Government of Nepal for fixing fees to be charged for adoption,

(g) To specify the format for applications for adoption,

(h) To make arrangements for maintaining confidential records of the minor to be adopted, the biological parents, or the adoptive parents,

(i) To perform other necessary functions relating to inter-country adoption.

(4) The Board itself shall determine the procedures for its meetings and other functions. 194.
Muluki Civil Code, 2017

194. Application for adoption to be submitted: (1) A foreigner or couple qualified pursuant to section 192 who wishes to adopt a Nepali minor or a minor of a foreigner residing in Nepal as an adopted son or daughter shall submit an application to the Board through the Embassy of their country in Nepal, or if there is no such Embassy, through the Embassy designated for Nepal, or through the central body of the concerned country authorized to permit adoption, attaching the following documents: -

(a) Birth registration certificate of the applicant,

(b) Recent photograph of the applicant,

(c) Copy of the applicant's passport,

(d) Document proving marital status of the applicant,

(e) Certificate from a licensed medical practitioner regarding the health of the applicant,

(f) Certificate issued by a government body of the concerned country stating that the applicant is of good character and has not been convicted by a court on a criminal charge involving moral turpitude,

(g) Documents proving the applicant's property and source of income,

(h) Social, psychological, and home study report,

(i) Age, gender, and other details of the child sought to be adopted,

(j) Letter of consent from the government of the applicant's country allowing him/her to adopt a child from Nepal,

(k) A guarantee letter from the government of the applicant's country or its Embassy in Nepal or designated Embassy for Nepal stating that, according to the law of the applicant's country, the status of an adopted son or daughter shall be equivalent to that of a natural born son or daughter,

(l) A guarantee letter from the government of the applicant's country or its Embassy in Nepal or designated Embassy for Nepal stating that the applicant is eligible to adopt according to the law of his/her country and has the financial capacity to bear all responsibilities including maintenance, health, education, and care of the minor to be adopted.

(2) The documents pursuant to subsection (1) shall be written in English or translated into English or Nepali language by an authorized body.

(3) Upon examining the application received pursuant to subsection (1), if it is found suitable to give a child for adoption as requested by the applicant, the Board shall send the relevant details, keeping the name and address of the applicant confidential, to the Selection Committee.

(4) While submitting an application pursuant to subsection (1), the application fee as determined by the Government of Nepal on the recommendation of the Board shall be paid. 195.
Muluki Civil Code, 2017

195. Provision relating to Selection Committee: The Government of Nepal shall, by publishing a notice in the Nepal Gazette, constitute a Selection Committee for the purpose of selecting the applicant and the minor and recommending to the Board as to which minor is suitable to be given as an adopted son or daughter to which foreign person or couple. 196. Selection and recommendation of applicant and child: The Selection Committee shall, on the basis of the application received pursuant to subsection (1) of section 194 and the details of the minors available according to the attached documents, determine which type of minor is suitable to be given as an adopted son or daughter to which applicant, taking into account the applicant's request, and recommend the names of the applicant and the minor to the Board. 197. Permission for adoption: (1) Upon examining the recommendation received from the Selection Committee pursuant to section 196, if it is deemed appropriate to give the recommended minor to the foreigner as an adopted son or daughter, the Board shall make a recommendation to that effect to the Government of Nepal.

(2) Upon examining the recommendation made by the Board pursuant to subsection (1),

(6) If the situation of a Nepali minor taken as an adoptive son or adoptive daughter does not improve following the attention drawn pursuant to sub-section (5), the Government of Nepal shall, in the future, publish a notice in the Nepal Gazette and remove such country's citizens from the list of countries open for inter-country adoption of an adoptive son or adoptive daughter in Nepal. 202. Who May File a Case: On the ground that proper nourishment, health, education, and care have not been provided to a minor who has become an adoptive son or adoptive daughter, the minor who is to become an adoptive son or adoptive daughter may file a case in the court of the concerned country to annul the adoption within one year from the date on which the minor attains majority, or, at the request of the Nepali Embassy or Consulate in the country where the adoptive son or adoptive daughter resides, or of the Government of Nepal, from the date on which such arrangement was not made by the person keeping the adoptive son or adoptive daughter, by the body handling matters related to adoptive sons or adoptive daughters of the concerned country. 203.
Muluki Civil Code, 2017

203. Provisions of the Code to Apply: (1) The provisions made in Sections 173, 174, 175, 178, 179, 180, 181 and 183 regarding an adoptive son or adoptive daughter shall also apply in the case of an adoptive son or adoptive daughter kept by a foreigner pursuant to this Chapter.

(2) The provision of Section 191 shall not apply in relation to keeping a minor child of a foreigner residing in Nepal as an adoptive son or adoptive daughter.

(3) To implement the provisions of this Chapter, the Government of Nepal may, upon the recommendation of the Board, prepare necessary directives. 204. Limitation Period: In respect of filing a complaint under this Chapter, if a separate limitation period is prescribed, it shall be according to that; and if no such limitation period is prescribed, a person aggrieved by any act or action done under this Chapter may file a complaint within one year from the date of such act or action. Chapter-10
Provisions Relating to Partition

205. Persons Considered as Coparceners: For the purpose of partitioning joint family property, subject to the other sections of this Chapter, the husband, wife, father, mother, son, and daughter shall be considered as coparceners. 206. Entitled to Equal Share: (1) Every coparcener shall be entitled to an equal share.

(2) If, at the time of partition, any female coparcener is pregnant, and the child to be born by her is to be a coparcener, the child so to be born shall also be considered an equal coparcener, and partition shall be made only after setting aside the share of such child.

(3) If the pregnant woman under sub-section (2) does not give birth to a living child, the share set aside for such child shall be taken equally by the other coparceners. 207. Sons and Daughters Born to Couples Whose Marital Relationship Has Ended to Get Share: Sons and daughters born to couples whose marriage could not legally take place, is not considered a marriage, or whose marital relationship has ended, shall get a share from such father and mother. 208. Getting Share from Mother: (1) Sons and daughters whose father is unidentified shall get a share only from the mother's property.

(2) A wife kept out without public knowledge, or sons and daughters born from her, shall not be entitled to claim a share after the death of the husband or father. 209.
Muluki Civil Code, 2017

209. Getting Share from Father's or Husband's Portion: (1) Sons and daughters or the wife of brothers living in joint family shall get a share only from the portion of their father or husband.

(2) If the husband or father-mother die before partition, the share they would have received shall be taken by their wife or sons and daughters.

(3) If a person has more than one wife, they shall get a share only from the husband's portion. 210. Later Wife or Offspring to Get Share from Husband's or Father's Portion: (1) If a person, after having partitioned and separated from his wife, sons and daughters, or after reuniting his share with the separated one and living together, marries another woman, or if sons and daughters are born from the wife so married, such wife or sons and daughters shall get a share only from the portion of the husband or father.

(2) Notwithstanding anything written elsewhere in this Chapter, if a person whose wife is alive marries another woman before partition, he shall, after setting aside the shares of other coparceners, give a share to the woman so married from the share he himself receives. 211. Who May Take Share: (1) The husband, wife, father, mother, son, and daughter having joint family property must provide food and clothing to the wife, husband, son, daughter, father, and mother according to their honor and income, and make arrangements for education and health treatment according to financial capacity.

(2) If a person having the obligation to fulfill the arrangement under sub-section (1) does not fulfill such obligation, the coparcener may take his or her share and separate. 212. May Separate at Any Time: (1) If there is mutual consent among the coparceners, they may take their shares and separate at any time.

(2) If it appears suitable for all coparceners to partition and live separately rather than living in one family, the person who is the husband, father, mother, or the person managing the household can partition and separate at any time. Explanation: For the purposes of this Code, "person managing the household" means a person who is the head of the household managing it, or a person responsible for running the household by farming, trading, business, or doing any other work in various places while living in joint family, who has attained the age according to law. 213.
Muluki Civil Code, 2017

213. Husband or Wife May Take Share and Separate: Notwithstanding anything written in Section 211, a husband or wife may take his or her share and separate at any time in any of the following circumstances:-

(a) If the husband or wife has expelled the wife or husband from the home,

(b) If the husband or wife has subjected the wife or husband to physical or mental torture. 214. Widow May Take Share and Separate: (1) Notwithstanding anything written elsewhere in this Chapter, a widow may take her share and separate at any time.

(2) If a widow remarries, the property she received as her share shall be taken by the sons and daughters from her previous husband, if any; and if there are none, she herself may take it. 215. May Renounce Share: (1) Any coparcener may renounce his or her share, partially taking or not taking the share, or taking only some cash or kind as the share.

(2) While renouncing the share under sub-section (1), if the coparcener has a husband, wife, or adult sons or daughters, the share can be renounced only with the consent of such husband, wife, or sons or daughters. Provided that the share right of a minor coparcener shall not be renounced.

(3) If a share is renounced under sub-section (1), it shall be considered as if the share was taken.

(4) While renouncing a share or receiving a share, the coparcener must be present in person. Provided that if he or she is unable to be present, he or she must appoint an authorised representative for that purpose in accordance with law. 216. Partition to be Made: (1) While partitioning joint family property, subject to this Chapter, a partition deed shall be made in writing among the coparceners.

(2) While making partition under sub-section (1), the joint family property and joint family debts shall be partitioned in such a way that there is no excess or deficit.
Muluki Civil Code, 2017

Explanation: For the purposes of this Chapter, "joint family debt" means a debt incurred by the person managing the household, or by a person who has reached the age who, with the consent of all coparceners, has taken a loan or conducted business while living in joint family for farming, trade, or any other work in various places, or a debt incurred in a transaction where there is written consent of such person for a transaction done by other adult persons of the joint family.

(3) While partitioning, after mixing good and bad, partition shall be made according to the consent of the coparceners; and if consent cannot be reached, by lottery.

(4) If there is a dispute over any property during partition, partition shall be made after such dispute is resolved. Provided that if such dispute is likely to take a long time to resolve, other property may be partitioned leaving aside the disputed property. 217. Matters to be Specified in the Partition Deed: The following matters shall be specified in the partition deed:-

(a) Name, surname, age, address of the coparceners, and the names of their mother, father, and grandparents,

(b) Property to be received by the coparceners,

(c) If any debt or liability lies in the name of a coparcener, the amount of such debt or liability,

(d) If any coparcener is to live with other coparceners after partition, that fact,

(e) That no property to be partitioned has been concealed or hidden by any coparcener,

(f) Details of any property that, after the death of the father-mother or husband-wife, is to be taken only by a particular coparcener,

(g) If any coparcener's share is to remain in the custody of someone, that fact,

(h) Other necessary matters. 218. Partition Deed to be Registered: (1) While making partition, a partition deed shall be prepared, witnesses shall be kept, and the witnesses and coparceners shall sign or thumbprint the deed, and it shall be registered with the concerned office after completing the legal formalities.

(2) Notwithstanding anything written in sub-section (1), if before 27th Poush 2034 B.S., a partition deed was executed or not executed among some coparceners, and partition was made amicably after adjusting rough and smooth, and the parties have already taken and given possession according to their respective shares and have done entry and deletion, or if they have separately enjoyed or sold or transacted the immovable property of their share according to the partition, even if the partition deed is not registered, the partition shall be considered to have taken place. 219.
Muluki Civil Code, 2017

219. Property Not to be Given Without Partition: (1) The person managing the household shall not give the joint family property, without partition, only to any coparcener who has not taken a share and is entitled to it. Provided that,

(1) With the consent of all coparceners, any property may be given to any coparcener.

(2) Property up to the extent falling in one's own share may be given to any coparcener even without the consent of other coparceners.

(2) When partition is made under this Chapter, the property given to any coparcener pursuant to clause (1) of the proviso of sub-section (1) shall be accounted for in the share he or she is to receive, and the other property shall be partitioned accordingly. 220. Complaint to be Filed with Schedule of Property: (1) If any coparcener wants to separate by getting his or her share set aside, he or she shall file a complaint mentioning the date of separation of mess, specifying the schedule of property and debts to be partitioned that exist in his or her name and, as far as known, in the names of other coparceners. Explanation: For the purposes of this section, "date of separation of mess" means the following date or day:-

(a) The date mentioned in the deed of separation of mess,

(b) If there is no deed of separation of mess, the date on which consent regarding the separation of mess was established among the coparceners,

(c) If consent is not established among the coparceners under clause (b), the day before the complaint was filed,

(d) In the case of a married daughter, unless otherwise agreed, the day of her marriage.

(2) If a deed of separation of mess exists only among some coparceners, such deed shall be effective only from the date it is registered.

(3) If the person filing the complaint under sub-section (1) is unable to submit the schedule of property, the reason thereof shall also be mentioned.

(4) If a complaint is filed under sub-section (1), the concerned person shall also submit, at the time of filing the written statement in court, a schedule of property and debts existing in his or her name, specifying whether or not the complainant is entitled to a share, and if consent to give a share is given. 221.
Muluki Civil Code, 2017

221. Matters to be Specified in the Schedule: (1) While submitting the schedule of property under this Chapter, the following details shall be specified:-

(a) Location of land, plot number, area, and estimated value,

(b) If there is a house, the location, plot number, area, type of house (kawal, nal, floor, kachhi-pakki), and its estimated value,

(c) If there is movable property, its description and estimated value,

(d) If there is cash, its details; if there is bank balance, shares, debentures, treasury bills, details thereof,

(e) If there are livestock, their description and estimated value,

(f) If there is gold, silver, jewellery, their description and estimated value,

(g) If there is a vehicle, its description and estimated value,

(h) If there is other property not mentioned in clauses (a) to (g), the description and estimated value of such property.

(2) If the value of any property under sub-section (1) is not disclosed, or if there is a dispute regarding the value, the court shall, in the case of immovable property, take as basis the value fixed by the Land Revenue Office, and in the case of movable property, the prevailing market value. 222. Partition to be Made After Taking Schedule: (1) If it appears from the complaint or written statement filed under Section 220 that partition is to be made, and if the schedule of property is submitted along with the complaint or written statement, the court shall take an undertaking from the coparceners stating that this is the property to be partitioned and nothing has been concealed or hidden, and shall make the partition.

(2) If the schedule of property is not submitted along with the complaint or written statement, the court shall fix a deadline and call for the schedule of property from the coparceners; and if the coparceners submit the schedule of property within the fixed deadline, the court shall take an undertaking from the coparceners under sub-section (1) and make the partition. 223. Partition to be Made Based on the Schedule Received: (1) If a person required to submit the schedule of property under Section 222 does not submit it within the deadline, or if he or she fails to submit a written statement and lets the deadline pass, the court shall make partition based on the schedule of property submitted by the other coparcener.

(2) If partition is made under sub-section (1), no complaint may be filed stating dissatisfaction with the share.

(3) Notwithstanding anything written in sub-section (2), if property not disclosed in the schedule submitted by a coparcener is later discovered and a complaint is filed for its partition, the court shall make partition of such property. 224.
Muluki Civil Code, 2017

224. May Open Locks and Take Schedule of Property: If a person required to submit the schedule of property fails to do so, necessitating the unlocking of the house in his or her custody to take the schedule, the court may, in the presence of at least two persons including, if the coparcener having the key is available, him or her, and if not, the person claiming the share and a representative of the concerned ward of the local level, open the lock of the house, prepare an inventory of available property, and take the schedule of property. 225. Partition to be Made When Schedule is Brought: (1) If a person required to submit the schedule of property does not submit it, or fails to submit a written statement and lets the deadline pass, and the person claiming the share is also unable to submit the schedule of property, the court shall record the same fact, take an undertaking from the complainant, and keep the case in abeyance, with the partition to be made when the schedule is later submitted.

(2) If the case is kept in abeyance under sub-section (1) and the complainant later submits an application with the schedule, the court shall make partition among the coparceners in accordance with law from the same file. 226. Not to Conceal or Hide Property: (1) No one shall conceal or hide property that is to be partitioned.

(2) If, during partition or when the court calls for the schedule of property, it is later proved that any coparcener has concealed or hidden property in his or her name that is subject to partition, the person concealing or hiding such property shall not be entitled to take it.

(3) The property concealed or hidden under sub-section (2) may be taken by other coparceners after apportioning their shares. 227. Compensation of Share to be Made: If any coparcener is unable to enjoy any property that has fallen to his or her share because he or she is not legally entitled to it, property of equal value shall be compensated proportionately from all coparceners. 228. Not to Exchange Shares: Except with mutual consent among the coparceners, no coparcener may, after partition, show cause that the property received from partition has deteriorated, been destroyed, or is not liked, and exchange it with other coparceners. 229.
Muluki Civil Code, 2017

228. Not to Exchange Shares: Except with mutual consent among the coparceners, no coparcener may, after partition, show cause that the property received from partition has deteriorated, been destroyed, or is not liked, and exchange it with other coparceners. 229. Partition of Mortgaged Property: (1) If it appears that any coparcener has mortgaged the property to be partitioned, the court shall, if all coparceners consent, redeem such property from the joint family property or make partition in a way that the responsibility to redeem it is fixed.

(2) If all coparceners cannot consent under sub-section (1), and if it is known that the person managing the household has mortgaged the property to be partitioned, or that other adult persons of the same household have mortgaged it with the signature of the person managing the household, the court shall redeem such property from the joint family property or make partition in a way that the responsibility to redeem it is fixed.

(3) In circumstances other than those mentioned in sub-section (1) or (2), if it is known that any coparcener has mortgaged the property to be partitioned, the court shall redeem such property from the share of such coparcener or make partition in a way that the responsibility to redeem it is fixed. 230. May Attach Property or Income Until Partition: If the complainant in a partition case appears entitled to a share, and after the schedule of property has been submitted, the complainant applies to the court to attach property up to the extent of his or her likely share, or the income from such property, the court may, after completing legal formalities, attach such property or its income until partition is made. 231. Partition to be Made with Provision for a Path or Exit: While making partition, if a house or land falling to a coparcener has no path or exit for access, and it is possible to give such coparcener a path or exit from the land of other coparceners, the partition shall be made in such a way that the concerned coparcener provides a path or exit to such house or land. 232. Not to Assign Debtor in Partition Without Creditor's Consent: (1) While making partition, without the consent of the creditor, partition shall not be made in such a way that only one coparcener bears the responsibility for paying the joint family debt.

(2) Even if a particular coparcener is made responsible for paying the joint family debt contrary to sub-section (1), if the creditor does not consent, the joint family debt shall be equally divided among all coparceners. 233.
Muluki Civil Code, 2017

233. Compensation to be Paid if Person Not Entitled Files Suit: If a person not entitled to a share files a suit claiming a share and it is determined as such, the court shall, if the loss (bigo) is ascertainable from the file, make the complainant pay to the defendant the amount of loss, and if the loss is not ascertainable, a reasonable compensation amount considering the complainant's status. 234. May Order Payment of Share, Amount or Expenses: (1) If a person entitled to receive a share, amount, or expenses from any person under a judgment files an application in the court of first instance that rendered the judgment for not receiving the share, expenses, or amount, and if the parties are the same, the court shall, as far as possible, order the payment of the share, expenses, or amount in accordance with the judgment as soon as possible.

(2) If the share, expenses, or amount under sub-section (1) is not given, reasonable compensation shall also be ordered to be paid by the person liable to give the share, expenses, or amount to the applicant. 235. Limitation Period: A person aggrieved by any act or action done under this Chapter may file a complaint as follows:-

(a) In the case where partition has not been made at all, or where a deed of partition (goswara) exists and both parties have enjoyed the property after accounting even without a deed, at any time,

(b) In the case of dissatisfaction with a partition, within three months from the date of such partition,

(c) In the case of concealment or hiding of property, as long as the coparcener is alive,

(d) In other circumstances not mentioned in clauses (a), (b), and (c), within six months from the date of such act or action. 236. Considered as Partition Made: (1) Any partition made according to law before the commencement of this Code shall be considered as a partition made under this Code.

(2) Notwithstanding anything written in sub-section (1), if a person has already taken something as a share (jiumi) before the commencement of this Code, he or she shall be considered to have taken a share. Chapter-11

Provisions Relating to Inheritance (Aputali)

237. Considered as Inheritance Opened: Upon the death of a person, his or her inheritance shall be considered to have opened. Explanation: For the purposes of this Chapter, "inheritance (aputali)" means the act of transferring the debts, assets, and property-related obligations and rights of the deceased to the legal heirs according to law. 238. Heir to Receive Inheritance: Upon the inheritance of a person opening, the nearest heir of that person shall receive such inheritance. 239.
Muluki Civil Code, 2017

238. Heir to Receive Inheritance: Upon the inheritance of a person opening, the nearest heir of that person shall receive such inheritance. 239. Order of Priority of Heirs Entitled to Inheritance: (1) Subject to the other sections of this Chapter, the order of priority of the nearest heir entitled to inheritance shall be as follows:-

(a) Husband or wife of the joint family,

(b) Son, daughter, widowed daughter-in-law of the joint family,

(c) Father, mother, stepmother, grandson and granddaughter from son's side, granddaughter-in-law of the joint family,

(d) Husband, wife, son, daughter, father, mother, stepmother who are separated,

(e) Grandson and granddaughter from the side of a separated son,

(f) Separated grandfather, grandmother,

(g) Great-grandfather, great-grandmother, elder brother, younger brother, elder sister, younger sister, widowed elder brother's wife or younger brother's wife of the joint family,

(h) Uncle, aunt, nephew, niece of the joint family,

(i) Separated elder brother, younger brother, elder sister, younger sister, widowed elder brother's wife or younger brother's wife.

(2) At the time of opening of a person's inheritance, if there is a person in the first order of priority under sub-section (1), a person in a subsequent order of priority shall not receive the inheritance.

(3) If there is more than one heir in the same order of priority under sub-section (1), all of them shall receive the inheritance equally.

(4) If any heir in the order of priority under sub-section (3) does not wish to take the inheritance, other heirs in the same order, and if no heir in that order wishes to take the inheritance, the heir in the next order shall receive the inheritance. 240. Distant Heir to Receive Inheritance: If a person who is a near heir has taken his or her share and is living with a distant heir, and upon his or her death the inheritance opens, such inheritance shall be received by the heir living with him or her. 241. Heir Providing Care to Receive Inheritance: If a near heir does not provide care to a person, but a distant heir provides care, the inheritance of that person shall be received by the heir providing such care. 242.
Muluki Civil Code, 2017

241. Heir Providing Care to Receive Inheritance: If a near heir does not provide care to a person, but a distant heir provides care, the inheritance of that person shall be received by the heir providing such care. 242. Separated Heir to Receive Inheritance: (1) If a person, not being cared for by the heir of the joint family, goes to live with a separated heir after taking his or her share, and dies, his or her inheritance shall be received by such separated heir.

(2) Notwithstanding anything written in sub-section (1), if a person goes to live with some heir only for a few days without taking any of his or her share, and dies, the heir with whom he or she later went to live shall not receive the inheritance. 243. Person Providing Care to Receive Inheritance: Notwithstanding anything written elsewhere in this Chapter, if the heir does not care for the deceased but another person does, such inheritance shall be received by the person providing such care. 244. Not Compulsory to Accept Inheritance: (1) Notwithstanding anything written elsewhere in this Chapter, no person shall be compelled to accept an inheritance.

(2) If a person does not accept the inheritance, he or she shall give written notice of that fact to the concerned District Court within three years of the inheritance opening.

(3) If the inheritance is not accepted within the period under sub-section (2), such inheritance shall be considered to have passed to other heirs in the subsequent order of priority.

(4) Even if an heir does not accept the inheritance under sub-section (1), he or she shall perform the final rites of the deceased according to customs and traditions. 245. Not to Receive Inheritance: Notwithstanding anything written elsewhere in this Chapter, if any person, out of any grudge, enmity, or mala fide intention to receive the inheritance, takes or causes to take the life of another,

Amended by the Act to Amend Some Nepal Acts Relating to the Muluki Civil Code, 2075.the person taking or causing to take the life, and his or her heir, shall not receive the inheritance of the deceased or his or her heir. 246.
Muluki Civil Code, 2017

246. Duties and Rights of Person Receiving Inheritance: (1) The duties and rights of the person receiving inheritance shall be as follows:-

(a) To perform or cause to perform the final rites and mourning period (kiriya) of the deceased according to customs and traditions,

(b) To pay the debts taken by the deceased to the creditors, and

(c) To have the right over the debts given by the deceased and the property invested.

(2) If the final rites and mourning period of a deceased person are performed by a person other than the person receiving the inheritance, the person receiving the inheritance shall give to the person performing the final rites and mourning period the expenses incurred in performing them, plus an additional twenty-five percent of such expenses. Provided that if a person had the final rites and mourning period performed through another person instead of doing it himself or herself, only the actual expenses incurred in performing such final rites and mourning period may be given. 247. Creditor May Recover Debt: If a person's inheritance opens and he or she has creditors, such creditors may recover the debt and liability from the person receiving the inheritance. Provided that the person receiving the inheritance shall not be obliged to pay debt and liability exceeding the deceased's property. 248.