chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 400, Sub-section (3): If the tenant leaves the house without giving a notice pursuant to sub-section (2), the house-owner shall be entitled to deduct the rent for that period from the rent, if any, paid in advance by the tenant and to recover the same from the tenant, failing such advance payment. Section 401: Power to evict tenant Section 401, Sub-section (1): The house-owner may evict the tenant from the house in any of the following circumstances: Section 401, Sub-section (1), Clause (a): If the tenant fails to perform his or her obligations pursuant to Section 390, Section 401, Sub-section (1), Clause (b): If the tenant commits in the rented house any offense related activity prohibited by law, Section 401, Sub-section (1), Clause (c): If the house-owner needs the house for himself or herself, Section 401, Sub-section (1), Clause (d): If it is necessary to repair and maintain the house by removing inhabitants from the house, Section 401, Sub-section (1), Clause (e): If the rented house does not appear to be appropriate for human habitation from the technical and health perspectives, Section 401, Sub-section (1), Clause (f): If the period of house rent expires, Section 401, Sub-section (1), Clause (g): If the tenant does any act in contravention of the agreement or this Chapter, Section 401, Sub-section (1), Clause (h): If there exists the circumstance under sub-section (5) of Section 395. Section 401, Sub-section (2): If it is necessary to evict the tenant from the house in the circumstance referred to in clause (c) of sub-section (1), the land-owner shall give a notice in writing to the tenant in advance of at least thirty-five days. Section 401, Sub-section (3): If the house owner evicts the tenant from the house pursuant to sub-section (2), the house-owner is not entitled to rent such a house to another person until three months, without using it on his or her own. Section 401, Sub-section (4): If the house-owner is to rent such house to another person within three months pursuant to sub-section (3) and the previous tenant intends to rent such a house, he or she shall get priority. Section 402: House rent agreement deemed to be terminated Section 402: A house rent agreement entered into pursuant to Section 386 shall be deemed to have been terminated in any of the following circumstances: Section 402, Clause (a): If the tenant leaves the house, Section 402, Clause (b): If the house-owner evicts the tenant from the house, Section 402, Clause (c): If the house-owner and the tenant cancel the agreement with mutual consent, Section 402, Clause (d): If the period of house rent expires. Section 403: Duty to hand over goods or chattels in good condition Section 403, Sub-section (1): The tenant shall, while leaving the rented house, count the goods or chattels in his or her custody, clean or color the house, if required, and hand over the same in good condition to the house-owner. National Civil Code 2074
National Civil Code 2074

Section 403, Sub-section (2): If the tenant looses or damages any goods or chattel in his or her custody, the tenant shall hand over similar goods or chattel or pay a sum of money as per the prevailing price of such goods or chattel to the house-owner. Section 403, Sub-section (3): Notwithstanding anything contained in sub-section (2), the tenant shall not be bound to reimburse for any goods or chattel which is depreciable or destroyable in the course of daily use or to pay price for such goods or chattel. Section 404: Power to vacate house Section 404, Sub-section (1): Notwithstanding anything contained elsewhere in this Chapter, if a tenant disappears without paying the rent for three months or more without notice and the tenant is not found despite a public notice or correspondence with his or her address or the tenant or his or her successor or agent does not appear despite that he or she has been found, the house-owner shall submit an application with such statement to the concerned ward office of the Local Level. Section 404, Sub-section (2): If an application is submitted pursuant to sub-section Section 404, Sub-section (1): , the concerned ward office shall make a public notice inviting the tenant to appear within a period of fifteen days. Section 404, Sub-section (3): If a notice is published pursuant to sub-section (2), the tenant shall appear within such a period. Section 404, Sub-section (4): If such a person does not appear within the period referred to in sub-section (3), the concerned ward office may open and vacate the rented house, upon having the goods therein in its or any one's custody. Section 404, Sub-section (5): If the person who has disappeared pursuant to sub- section (3) returns or sends his or her agent within six months, the concerned ward office shall collect the due rent from, and return the goods to him or her. Section 404, Sub-section (6): Notwithstanding anything contained elsewhere in this Section, if the concerned ward office of the Local Level does not take any action even within one month of the application submitted to it, the concerned house-owner shall submit an application to the concerned ward office and the nearby police office, and execute a deed and open the house in witness of a police employee and at least two local persons, and hand over the custody of the tenant's goods to the police. Section 405: Statute of limitation Section 405: A person who is aggrieved from any act done or action taken pursuant to this Chapter may make a lawsuit within six months after the date on which such an act was done or action was taken. Section 406: Donation or gift deemed to be effected Section 406, Sub-section (1): If a person grants free of cost a property in which the person has right and ownership to another person or for any religious, social, public or community purpose such an act shall be deemed to be a donation. National Civil Code 2074
National Civil Code 2074

Section 406, Sub-section (2): If a person grants free of cost a property in which the person has right and ownership to another person as a reward, prize or tip in consideration for merits to him or her by that other person by way of fostering him or her or otherwise or for family love or affection such an act shall be deemed to be a gift. Section 406, Sub-section (3): In effecting a donation or gift pursuant to sub-section Section 406, Sub-section (1): or (2), such a donation or gift may be so effected that it is effective immediately or after a certain period or after the death of its maker. Section 406, Sub-section (4): If a donation or a gift becomes effective only after the death of the maker of such donation or gift, it shall be deemed that he or she has executed a testamentary donation or testamentary gift. Section 407: Property may be donated by pronouncement Section 407: A person may donate a certain amount or property for any specific purpose by making pronouncement in writing or publicly in a public function organized for that purpose. Provided that no lawsuit may be made if the person does not transfer the property so donated by him or her. Section 408: Voidance of donation or gift Section 408: Any donation or gift made pursuant to this Chapter shall ipso facto be void in any of the following circumstances: Section 408, Clause (a): If the person entitling to donation or gift does not accept the donated or gifted property himself or herself or through his or her agent, Section 408, Clause (b): If a property is donated or gifted to a person with entitlement after testament and the receiver of donation or gift dies before the person making such a donation or gift or the organization obtaining donation or gift is dissolved, Section 408, Clause (c): If a property is donated or gifted to an unborn baby and the baby is not born alive, Section 408, Clause (d): If the donated or gifted property is so destroyed that its existence is extinct before the donation or gift becomes effective. Section 409: Donation or gift to be voidable Section 409, Sub-section (1): Notwithstanding anything contained elsewhere in this Act, a donation or gift may be voided in any of the following circumstances: Section 409, Sub-section (1), Clause (a): If a person donates or gifts a property in which another has right and ownership, Section 409, Sub-section (1), Clause (b): If any property is donated or gifted without obtaining the consent of another person where such consent is needed pursuant to law, Section 409, Sub-section (1), Clause (c): If the maker of the donation or gift is an incompetent or quasi-competent person, Section 409, Sub-section (1), Clause (d): If the donation or gift is made without fulfilling the legal requirements. National Civil Code 2074
National Civil Code 2074

Section 409, Sub-section (2): In the case of a donation or gift made without the consent of another person pursuant to clause (b) of sub-section (1) where such consent is required, the property shall be void to the extent of such consent not taken. Section 410: Power to amend or revoke deed of gift with testament Section 410, Sub-section (1): The maker of gift with testament may, if he or she so wishes, amend the terms of, or revoke, the deed of gift with testament executed by him or her at any time, by making an application in person before the concerned authority. Section 410, Sub-section (2): In amending or revoking the deed of gift with testament pursuant to sub-section (1), such a person shall appear before the concerned authority, execute a separate deed and then amend or revoke such a deed of gift with testament. Section 410, Sub-section (3): The deed revoking or amending the deed of gift with testament pursuant to sub-section (2) shall be executed in fulfillment of the procedures applicable to the execution of the deed of gift with testament. Section 410, Sub-section (4): No person may grant a property once granted to any one by executing the deed of gift with testament to other person by executing such a deed, without revoking the earlier deed of gift with testament pursuant to this Section. Section 410, Sub-section (5): If a deed of gift with testament is executed in contravention of sub-section (4), the deed of gift with testament executed earlier shall ipso facto be valid. Section 411: Not to obtain property under deed of gift with testament Section 411: If the receiver of gift with testament is convicted to have committed any criminal offense against the maker of such a gift before the deed of gift with testament becomes effective, the receiver shall not be entitled to obtain the property under such a deed. Section 412: Statute of limitation Section 412: A lawsuit may be made within the statute of limitation, if any, specified separately in this Chapter, within two years after the date of maturation of one's right in donation or gift received by one and after the date of possession and enjoyment upon maturity of right in a donation or gift incapable of being made, and, in relation to the other cases, within one year after the date of knowledge of any act done or action taken pursuant to this Chapter, by a person who is aggrieved from such an act or action. Section 413: Property deemed to be transferred Section 413: If a person sells, donates, gifts or otherwise transfers a property in which he or she has right and ownership to another person, the property shall be deemed to have been transferred to that other person. National Civil Code 2074
National Civil Code 2074

Section 414: Property may be transferred Section 414, Sub-section (1): Any person, other than a person who is not competent to make contract pursuant to this Act or laws in force, may, subject to this Act, transfer a property in which he or she has right and ownership to one or more than one person jointly or severally. Section 414, Sub-section (2): The competency or incompetency referred to in sub- section (1) shall be determined on the basis of whether he or she was competent or incompetent at the time of the transfer of property by him or her. Section 414, Sub-section (3): A person may, pursuant to sub-section (1), transfer a property in which he or she has right and ownership to another person with immediate or testamentary effect. Section 414, Sub-section (4): In transferring a property pursuant to this Section, a deed shall be executed in fulfillment of the legal requirements. Provided that: Section 414, Sub-section (1): It is not required to execute a deed to donate or gift any movable property or cash amounting up to one hundred thousand rupees. Section 414, Sub-section (2): Sale or otherwise transfer of a movable property shall be made in accordance with the laws in force. Section 415: Power of guardian or curator to sell property Section 415, Sub-section (1): A guardian or curator may, subject to this Act, sell and transfer a property for the rights, interests and protection of the person under his or her guardianship or curatorship. Section 415, Sub-section (2): Notwithstanding anything contained in sub-section (1), except as otherwise provided in this Act, no immovable property may be sold without permission of the court. Section 416: Ownership devolving on transferee of property Section 416, Sub-section (1): If any person transfers his or her property to another person pursuant to Section 414, his or her ownership in that property shall cease to exist from the date of such transfer and the transferee shall have ownership in such property. Section 416, Sub-section (2): Notwithstanding anything contained in sub-section (1), if a person transfers the right in his or her property to be effective with testament, the transferee shall have ownership in such property only after the death of the transferor. Section 416, Sub-section (3): If two or more persons acquire the same property, they shall have that much entitlement to such property in proportion to their respective portion. Section 416, Sub-section (4): If a deed does not indicate the portion to which a person is entitled on the acquisition of a property, all the persons acquiring the property shall be deemed to have acquired it equally. Section 417: Power to transfer private property Section 417: A person may transfer his or her private property to another person without any one's consent. Section 418: Joint property may be sold by way of sale Section 418, Sub-section (1): A joint property may be sold and transferred with the consent of all of its owners. National Civil Code 2074
National Civil Code 2074

Section 418, Sub-section (2): Even though all the owners do not agree to transfer the joint property pursuant to sub-section (1), any owner may transfer the property of his or her right or portion. Section 418, Sub-section (3): If, in making a transfer pursuant to sub-section (1), it is technically not possible to separate the right or portion of any owner from the joint property, and another owner intends to acquire such property, that other owner shall be entitled to obtain it at the price mutually agreed upon between the owners. Section 418, Sub-section (4): If more than one owner intend to acquire the joint property, the owner who agrees to pay the highest price shall be entitled to obtain such property. Section 418, Sub-section (5): Notwithstanding anything contained in sub-section (3), if the other owners do not intend to acquire the right or portion of any owner and it is not possible technically to separate such property and, the whole of the joint property shall be sold and the proceeds of sale shall be divided between the owners according to their respective right or portion in that property. Section 418, Sub-section (6): If any person transfers the joint property in contravention of sub-section (1), only the transfer of the extent of his or her right or portion in such property shall be valid, and the concerned person shall be entitled to get return of the property transferred in excess of the right or portion of the transferor. Section 419: Prohibition of transferring property in common without Section 419: obtaining consent: (1) No person shall, without obtaining written consent of the coparceners in common, transfer a property in common to another person. Section 419, Sub-section (2): Notwithstanding anything contained in sub-section (1), if a coparcener of the joint family is a witness to the deed of transfer of a property in common, consent of that coparcener shall be deemed to have been obtained. Section 419, Sub-section (3): If any person transfers a property in common in contravention of sub-section (1), the transfer of title only to the extent of such right or portion that person has in that property shall be valid. The concerned coparcener shall be entitled to get back the property transferred in excess of such right or portion. Section 420: Property in common may be sold for household purpose Section 420: Notwithstanding anything contained in Section 419, the person acting as the head of family may, for the household purpose, sell whole of the property in common, in the case of a movable property, and the half of such property, in the case of an immovable property, without consent of the others. Section 421: Prohibition of transferring other's property Section 421, Sub-section (1): No person shall transfer a property to another person in which any one else has right and ownership. Section 421, Sub-section (2): If any person transfers a property in contravention of sub-section (1), such a deed or transaction shall be void. National Civil Code 2074
National Civil Code 2074

Section 421, Sub-section (3): If the real owner makes a claim in the property transferred pursuant to sub-section (1), the transferee of such property shall return it to the concerned owner. Section 421, Sub-section (4): If a person finds any lost or stolen property, the owner of such property may claim it, along with evidence showing his or her ownership, within three years after the date on which the property was lost or stolen. Section 421, Sub-section (5): If any person claims such property pursuant to sub- section (4), the finder of that property shall return it to the owner, by collecting the amount of expenses, if any, incurred in its preservation or maintenance. Section 421, Sub-section (6): Notwithstanding anything contained in sub-section (4), if a person has acquired any stolen or lost property by way of purchase at a public market or auction or bidding made publicly by any person or body, the person shall not be bound to return such property to the real owner unless and until he or she obtains the real value of such property and the fees or amount, if any, paid by him or her in the acquisition of such property. Section 422: Prohibition of transferring property in duplication Section 422, Sub-section (1): No person shall re-transfer to another person a property which he or she has already transferred to some other person. Section 422, Sub-section (2): If any person transfers a property in contravention of sub-section (1), the deed of transfer registered at an earlier date shall get legal validity if the transfer of an immovable property has been made, and if the transfer of a movable property has been made, the transfer to the person who acquires the property earlier shall be valid. Section 423: Donation or gift incapable of being effected by guardian or Section 423: curator: No guardian or curator may donate or gift any property belonging to the person under his or her guardianship or curatorship to any person. Section 424: Entitlement to amount or compensation in event of deprivation Section 424: of enjoyment of property: (1) If a person transfers a property by way of sale pursuant to this Chapter and the purchaser is deprived of enjoying the property wholly or partly because of such transfer being invalid for any reason, the purchaser shall be entitled to recover from the transferor the amount paid by him or her for the property to the extent that he or she is so deprived of enjoying, an interest to be set by yearly ten percent of the amount and the registration fee or other amount, if any, he or she has paid for the transfer of that property as if it were an unsecured bond (Kapali). National Civil Code 2074
National Civil Code 2074

Section 424, Sub-section (2): If any person makes any structure in a property purchased pursuant to this Chapter and is not able to enjoy that property because of such transfer being invalid for any reason, that person may demolish and take away the structure made by him or her within six months. Section 424, Sub-section (3): If any person is aggrieved from the transfer of a property in contravention of Sections 419, 421 and 422 or the failure to demolish and take away any structure pursuant to sub- section (2), such a person shall also be entitled to a reasonable compensation for actual loss and damage suffered by him or her from such transferor, in addition to the amount referred to in sub- section (1). Section 424, Sub-section (4): If a person who may be entitled to a donation or who is entitled to a donation or gift is aggrieved from being unable to use the property for any reason under this Chapter, the person shall be entitled to get a reasonable compensation from the person making donation or gift, subject to the other Sections of this Chapter. Provided that compensation cannot be recovered in the case of a testamentary gift being void. Section 424, Sub-section (5): Notwithstanding anything contained elsewhere in this Section, a person who obtains a property in any of the following circumstances shall not be entitled to recover the amount referred to in sub-sections (1), (3) and (4): Section 424, Sub-section (5), Clause (a): If he or she has obtained the property knowingly that it was other’s property or a stolen property, Section 424, Sub-section (5), Clause (b): If he or she has obtained the property knowingly that it was already transferred to another person. Section 425: Right in property may be transferred by attorney Section 425, Sub-section (1): If a person appoints another person, who is competent to be an attorney in accordance with law, as his or her authorized attorney indicating the reason that he or she is not able to appear in person before the concerned office in order to sell and transfer his or her immovable property, such an authorized attorney may, on his or her behalf, sell and transfer his or her property to another person. Section 425, Sub-section (2): A person may sell his or her movable property through his or her attorney or agent. Section 426: Procedure to be followed by body corporate while purchasing Section 426: or transferring property: (1) If, in transferring an immovable property held in the name of a body corporate established in accordance with law, the board of directors of such a body gives power by a decision to any member of the board of directors or employee of such a body to transfer the property, such a person may transfer the property on behalf of such a body. National Civil Code 2074