chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 226: Prohibition of concealing or hiding property Section 226, Sub-section (1): No person shall conceal or hide a property that is liable to partition. Section 226, Sub-section (2): If a coparcener is subsequently held to have concealed or hidden 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 concealing or hiding the property shall have no right to obtain such property. Section 226, Sub-section (3): The property concealed or hidden under sub-section (2) shall be partitioned between the other coparceners. Section 227: Partition share to be reimbursed Section 227: If a coparcener is not allowed to own and possess any property falling in his or her partition share due to the property being defective under law, all the coparceners shall proportionately reimburse to him or her property equal to the defective property. Section 228: Partition share not to be exchanged Section 228: Except in the case of mutual consent among the coparceners, no coparcener shall be entitled to exchange any property received by him or her by way of partition for the reason that after partition it is disordered, damaged or he or she does not prefer it. Section 229: Partition of pledged or mortgaged property Section 229, Sub-section (1): If a coparcener is found to have pledged or mortgaged a property that is liable to partition, the court shall, if all the coparceners so agree, effect partition of the property by causing the property to be released from, or on the condition of having an obligation to release it from, the property in common. Section 229, Sub-section (2): If all the coparceners do not agree pursuant to sub- section (1) and the court finds that the person acting as the head of family has pledged or mortgaged the property or that the other persons having attained majority living in the undivided family have, taking signature and thumb-impression also of the person acting as the head of family, pledged or mortgaged it, the court shall effect partition of the property by causing the property to be released from, or on the condition of having an obligation to release it from, the property in common. Section 229, Sub-section (3): Save in the cases referred to in sub-section (1) or (2), if a coparcener is found to have pledged or mortgaged a property liable to partition, the court shall effect partition by causing the property to be released from, or on the condition of having an obligation to release it from, the property falling in his or her partition share. National Civil Code 2074
National Civil Code 2074

Section 230: Power to withhold property or income until partition is Section 230: effected: If one filing a lawsuit appears to obtain a partition share in a case of partition and, after the inventory of property has been submitted, makes a petition to the court, praying that the property to the extent of his or her partition share or income thereof be withheld, the court may withhold the property to the extent of his or her partition share or income of such property until partition is effected in the fulfillment of the legal requirements. Section 231: Partition to be so effected as to have provision of way or Section 231: passage: While effecting partition, if there is no access to way or passage to a house or land partitioned to a coparcener and if such way or passage can be managed from the land of other coparcener, partition shall be so effected that the concerned coparcener shall have to provide the way or passage for access to such house or land. Section 232: Debtor not to be specified without consent of creditor Section 232, Sub-section (1):  Partition shall not be so effected as to give the responsibility of payment of the debt of joint family to a sole coparcener without consent of the creditor. Section 232, Sub-section (2): Even if the responsibility of payment of the debt is given solely to any coparcener contrary to sub-section (1), all the coparceners shall pay the debt in common equally, if the creditor does not so agree. Section 233: Compensation to be paid if lawsuit filed by person not entitled Section 233: to partition: 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. Section 234: Partition share, money or expenditure may be awarded Section 234, Sub-section (1): If a person who is entitled to obtain a partition share, money or expenditure from any person according to the judgment, files, having failed to so receive, a petition in the court of first instance which has passed judgment in the case, the court shall, if the parties are the same, cause the partition, money or expenditure according to the judgment to be awarded as soon as possible. Section 234, Sub-section (2): If the partition share, expenditure or money is not provided pursuant to sub-section (1), the person who has to provide the partition share, money or expenditure shall be caused to pay a reasonable compensation as well to the petitioner. National Civil Code 2074
National Civil Code 2074

Section 235: Statute of limitation Section 235: A person who is aggrieved from any act done or action taken under this Chapter may make a lawsuit as follows: Section 235, Clause (a): 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 calculation, Section 235, Clause (b): Within three months from the date of partition if one is not satisfied with such partition, Section 235, Clause (c): In case of concealing or hiding of property, till the life of the concerned coparcener, Section 235, Clause (d): In the cases other than that referred to in clauses (a), Section 235, Clause (b): and (c), within six months after the date on which such an act was done or action taken. Section 236: Partition deemed to be executed Section 236, Sub-section (1): A partition effected pursuant to the law prior to the commencement of this Act shall be deemed to have been effected pursuant to this Act. Section 236, Sub-section (2): Notwithstanding anything contained in sub-section (1), if a person has taken maintenance for living (Jiuni) in consideration for his or her partition share prior to the commencement of this Act, the person shall be deemed to have taken his or her partition share. Section 237: Succession deemed to be opened Section 237: Upon the death of a person, succession to his or her property shall be deemed to be opened. Explanation: For the purposes of this Chapter, the term "succession" means devolution of liabilities and rights in regard to debt, wealth and property of the deceased upon his or her heirs in accordance with law. Section 238: Heir entitled to succession Section 238: Where succession to a person's property is opened, his or her nearest heir shall be entitled to such succession. National Civil Code 2074
National Civil Code 2074

Section 239: Order of preference of heirs for succession Section 239, Sub-section (1): The order of preference of nearest heirs for succession shall, subject to the other Sections of this Chapter, be as follows: Section 239, Sub-section (1), Clause (a): Husband or wife living in the undivided family, Section 239, Sub-section (1), Clause (b): Son, daughter, widow daughter-in-law living in the undivided family, Section 239, Sub-section (1), Clause (c): Father, mother, step mother, grand-son, grand- daughter, grand-daughter-in-law, on the side of son or daughter, living in the undivided family, Section 239, Sub-section (1), Clause (d): Separated husband, wife, son, daughter, father, mother, step-mother, Section 239, Sub-section (1), Clause (e): Separated grand-son, grand-daughter from the son's generation, Section 239, Sub-section (1), Clause (f): Separated grand-father, grand-mother, Section 239, Sub-section (1), Clause (g): 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, Section 239, Sub-section (1), Clause (h): Uncle, aunt, nephew, niece, living in the joint family, Section 239, Sub-section (1), Clause (i): Separated elder brother, younger brother, elder sister, younger sister, widow elder brother's wife or younger brother's wife. Section 239, Sub-section (2): So long as the person who is in the first order of preference referred to in sub-section (1) at the time when succession to one’s property is open is serving the person in the subsequent order of preference shall not be entitled to succession. Section 239, Sub-section (3): If there are more than one heir in the same order of preference pursuant to sub-section (1), all of them shall equally be entitled to the succession. Section 239, Sub-section (4): If any heir in the order of preference entitled to succession does not intend to succeed, the other heirs in the same order shall be entitled to succession, and even any heir in that order of preference does not intend to accept succession, the heir in the successive order of preference shall be entitled to the succession. Section 240: Distant heir entitled to succession Section 240: If a person dies when he or she was staying with any distant heir after taking his or her partition share of property in spite of having his or her nearer heir and succession to him or her is open, the heir with whom that person was so staying shall be entitled to his or her property succession. Section 241: Maintaining (Shyahar samhar) and caretaking heir entitled to Section 241: succession: If a nearer heir has not maintained and taken care of a person but a distant heir has done so, the distant heir who has so maintained and taken care of him or her shall be entitled to succession. National Civil Code 2074
National Civil Code 2074

Section 242: Separated heir entitled to succession Section 242, Sub-section (1): If a person dies when that person was staying with any heir who has lived separately, after taking his or her partition share of property, because an un- separated heir has not maintained (Shyahar samhar) and taken care of that person, such separated heir shall be entitled to the succession of that person. Section 242, Sub-section (2): Notwithstanding anything contained in sub-section (1), if a person dies when that person was staying with any heir only for few days, without taking his or her partition share of property, the heir with whom that person had so stayed shall not be entitled to succession of that person. Section 243: Maintaining (Shyahar samhar) and caretaking person entitled Section 243: to succession: Notwithstanding anything contained elsewhere in this Chapter, if another person has maintained (Shyahar samhar) and taken care of the deceased because the heir has not done so, the person who has so maintained (Shyahar samhar) and taken care of shall be entitled to such succession. Section 244: Not to be obliged to accept succession Section 244, Sub-section (1): Notwithstanding anything contained elsewhere in this Chapter, no person shall be obliged to accept a succession. Section 244, Sub-section (2): A person who declines to accept a succession shall give information thereof in writing to the concerned District Court within a period of three years of the devolution of succession. Section 244, Sub-section (3): If a person does not accept a succession within the period referred to in sub-section (2), such succession shall be deemed to have been devolved upon the other heir in the successive order of preference for succession. Section 244, Sub-section (4): Even if a person does not accept a succession pursuant to sub-section (1), he or she shall have to conduct obsequies of the deceased in accordance with the rites and rituals. Section 245: Disqualified for succession Section 245: Notwithstanding anything contained elsewhere in this Chapter, if a person who kills, or causes the death of, another person with intent to serve any premeditation or with ulterior motive to obtain succession, such person and 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. Section 246: Obligations and rights of person upon whom succession is Section 246: devolved: (1) The obligations and rights of the person upon whom succession is devolved shall be as follows: Section 246, Sub-section (2): If the funeral and obsequies rites of a deceased has been performed by a person other than one who is entitled to the succession, the person so entitled shall pay the costs incurred in the performance of funeral and obsequies rites of the deceased and additional twenty-five percent of such costs to the person who has performed such rites. National Civil Code 2074
National Civil Code 2074

Provided that if any person has, instead of doing on his or her own, caused another person to perform the funeral and obsequies rites of the deceased, he or she shall be liable to pay only the actual costs incurred in the performance of such rites. Section 247: Creditor may recover debt Section 247: 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 devolved. 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. Section 248: Local Level to receive property under succession Section 248, Sub-section (1): If succession to the property of a person is opened and he or she has no heir or his or her heir declines to accept such succession, the property of the dead person remaining after deducting the costs incurred in the performance of his or her funeral and obsequies rites and even after payment of debts due to his or her creditors shall be devolved on the Local Level. Section 248, Sub-section (2): If a person dies and has no heir but has property, a person who performs his or her obsequies or maintains his or her books and accounts shall immediately give a notice thereof to the Local Level. Section 248, Sub-section (3): If a notice is received pursuant to sub-section (2), the Local Level shall prepare an inventory of the properties of the deceased in witness of at 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. Section 248, Sub-section (4): If a memorandum, along with the inventory of properties, is received pursuant to sub-section (3) and the address of the deceased is traced out, such an office shall send a notice in accordance with law to the heir of the deceased to appear to receive the property of the deceased within a period of three months. Section 248, Sub-section (5): If the heir does not accept the property pursuant to sub- section (1) or the heir of the deceased does not appear within the time-limit referred to in sub-section (4) or the address of such heir is not traced out, such an office shall publish a notice in a national newspaper, inviting his or her heir, if any, to appear to claim the property of the deceased, within a period of thirty five days. Section 248, Sub-section (6): If the heir of the deceased appears within the time-limit referred to in sub-section (5), the property that remains after deducting therefrom the expenses incurred in the performance of obsequies of the deceased or providing such expenses to the person having performed such obsequies, and ten percent of the property, shall be returned to the concerned heir. National Civil Code 2074
National Civil Code 2074

Section 248, Sub-section (7): If no heir of the deceased appears within the time-limit referred to in sub-section (5) or his or her address is not traced out, the property that remains after deducting therefrom the expenses incurred in the performance of obsequies of the deceased, which amount is to be provided to the person having performed such obsequies, shall devolve on the concerned Local Level. Section 248, Sub-section (8): The concerned heir or the office under sub-section (3) shall hand over the property receivable by the Local Level pursuant to sub-section (1) or (7) to the Local Level in accordance with law. Section 248, Sub-section (9): The Local Level shall use the property that it has received pursuant to this Section for public interest. Section 249: Succession to property of foreigner died in Nepal Section 249, Sub-section (1): If a foreigner who dies in Nepal has property without heir in Nepal, a person who performs his or her obsequies or maintains his or her books and accounts shall immediately give a notice thereof to the nearby Local Level. Section 249, Sub-section (2): If a notice is received pursuant to sub-section (1), the Local Level shall prepare an inventory of the properties of the deceased in witness of at 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. Section 249, Sub-section (3): If a memorandum, along with the inventory of properties, is received pursuant to sub-section (2), such an office shall immediately give information thereof to the Federal Ministry of Home Affairs. Section 249, Sub-section (4): If information referred to in sub-section (3) is received, the Federal Ministry of Home Affairs shall also send a notice, in accordance with 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. Section 249, Sub-section (5): If information under sub-section (3) is received upon the death of a citizen of a country having no diplomatic relation with Nepal, the Federal Ministry of Home Affairs shall publish a notice in a national daily English newspaper for receiving such property within six months, and the Federal Ministry of Home Affairs shall also put such notice on its website. Section 249, Sub-section (6): If the heir of the deceased appears within the time-limit referred to in sub-section (4) or (5), the property that remains after deducting therefrom the expenses incurred in the performance of obsequies of the dead person or providing such expenses the person having performed such obsequies, and ten percent of the property, shall be returned to the concerned heir. National Civil Code 2074
National Civil Code 2074

Section 249, Sub-section (7): If no heir of the dead person appears within the time- limit referred to in sub-section (4) or (5) or his or her address is not traced out, the property that remains after providing the expenses incurred in the performance of obsequies of the deceased to the person having performed such obsequies shall devolve on the Local Level. Section 249, Sub-section (8): The property received by the Local Level pursuant to this Section shall be used only for public interest. Section 250: Statute of limitation Section 250: A lawsuit may be made within the statute of limitation, if any, set forth elsewhere in this Chapter, and in the other cases, within a period of three years after the date on which the succession is opened. Section 251: Deemed to be property Section 251: Any cash, goods or work shall be deemed to be a property if such cash, goods or action can be used or transacted in or the title thereto can be transferred by way of purchase, sale or otherwise or any benefit can be derived therefrom. Explanation: Except otherwise provided for in this Act, the term "goods" means a physical property capable of being purchased or sold. Section 252: Property deemed to be in movable or immovable form Section 252: A property shall be deemed to be in either movable or immovable form irrespective of its physical or non-physical, tangible or intangible form. Section 253: Property deemed to be immovable Section 253, Sub-section (1): The following property shall be deemed to be an immovable property: Section 253, Sub-section (1), Clause (a): A building or land or structure fixed thereto, Section 253, Sub-section (1), Clause (b): Any goods attached to a building or land permanently, Section 253, Sub-section (1), Clause (c): A mine, stone or mineral embedded in land, Section 253, Sub-section (1), Clause (d): Natural water, surface water and underground water, Section 253, Sub-section (1), Clause (e): A building or other structure so made permanently that it can float over a river, lake or pond, Section 253, Sub-section (1), Clause (f): A standing tree, plant or fruit tree or fruit or flower growing on such a tree, plant or fruit tree or crops in the land, or Section 253, Sub-section (1), Clause (g): A movable property attached to an immovable property. Section 253, Sub-section (2): Notwithstanding anything contained in sub-section (1), if any structure, goods or any part thereof, fixed or attached to any immovable property gets or is detached or unfixed in any manner, the structure, goods or part so detached or unfixed shall be deemed to be a movable property. National Civil Code 2074