chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 457: Pre-emption of sold house Section 457, Sub-section (1): If there are different owners of the different parts of the same house and the owner of a part sells his or her part to another person, the owner of another part may, if he or she intends to pre-empt that part, preempt such a part of the house by paying the amount paid by the buyer and the fee incurred in the registration of the deed to the buyer. Section 457, Sub-section (2): In making pre-emption pursuant to sub-section (1), the following person shall get preference as follows: Section 457, Sub-section (2), Clause (a): If the owner of the other part is the heir, such an heir, and if there are more than one heir, the nearest heir, Section 457, Sub-section (2), Clause (b): If the owner of the other part is a person other than the heir, the owner in neighbor of or the owner of the part adjoining such a part. Section 458: Pre-emption of house donated or gifted Section 458, Sub-section (1): Notwithstanding anything contained in Section 455,456 or 457, if any person relinquishes in any manner his or her right in and donates or gifts the half part of the same house or any portion thereof or the land occupied by or appurtenant to the house and the donee has transferred the right in the house or land in any manner to another person, the donor or his or her heir residing in the same place may, if he or she so intends, pre-empt such a house or any portion thereof or the land occupied by or appurtenant to the house. Section 458, Sub-section (2): Notwithstanding anything contained in sub-section (1), if a person gets a donation or gift of the half part or any portion of the same house or the land occupied by or appurtenant to the house from a donor and the donor donates or gifts the remaining part of such a house or land to another person, the former donee or giftee or his or her heir may pre-empt such remaining part or portion. Section 458, Sub-section (3): In making pre-emption pursuant to sub-section (1) or Section 458, Sub-section (2): , the figure of price, if any, indicated in the instrument of donation or gift, and amount equal to the prevailing market price, if such figure is not so indicated, and the fees incurred in the registration of the deed shall be paid to the creditor. Section 458, Sub-section (4): If, there are more than one heir intending to make pre- emption pursuant to sub-section (1) or (2), the nearest heir, and the most aggrieved heir, if even the nearest heirs are more than one, may make pre-emption. Section 459: Where pre-emption is not permitted Section 459: Notwithstanding anything contained in Sections 457 and 458, any part of or house built under the provision of joint housing shall not be subject to pre-emption. National Civil Code 2074
National Civil Code 2074

Section 460: Procedures for making pre-emption Section 460, Sub-section (1): A person who intends to make pre-emption of any immovable property pursuant to this Chapter shall make a petition to the office making registration of the relevant deed, and such a petition has to be accompanied by a deposit of an amount equal to the price of the property to be pre- empted, if any, indicated in the deed registered for the transfer of such property, or an amount equal to the prevailing market price if such price is not indicated in the deed, and the fees charged in the approval of registration of such a deed. Section 460, Sub-section (2): If a petition is received pursuant to sub-section (1), the office that approves the registration of the deed shall hold the petitioner on recognizance and send a process of summon to the person obliged to allow preemption to appear in the office, within a period of seven days excluding the time required for journey. Section 460, Sub-section (3): If the person obliged to allow preemption appears and consents to preemption within the time limit as referred to in sub- section (2), the office that approves the registration of the deed shall effect preemption by paying to him or her the amount deposited pursuant to sub-section (1). Section 460, Sub-section (4): If, despite that the person obliged to allow preemption does not appear and consent to preemption within the time-limit referred to in sub-section (2), it appears from the received petition, registered deed and records of the office that pre-emption is to be effected, the office that approves registration of the deed shall make decision to effect pre-emption, and if it appears that pre-emption is not to be made, that office shall make decision not to effect pre- emption and give according information to the petitioner. Section 460, Sub-section (5): If the person obliged to allow pre-emption does not appear within the time limit referred to in sub-section (2), and, after the expiration of the time limit, if it appears from the received petition, registered deed and records of the office that pre-emption is to be effected, the office shall make decision to effect pre- emption and give an execution slip to the person entitled to pre- emption to enjoy the property to be pre-empted, and send a notice to the person obliged to allow preemption to receive the amount of deposit made pursuant to sub-section (1). Section 460, Sub-section (6): If the person obliged to allow pre-emption appears within the time-limit referred to in sub-section (2) but expresses his or her disagreement with the market price of such property, the office that approves the registration of the deed shall fix the market price of that property and effect pre-emption by having the amount equal to that market price paid to the person obliged to allow pre- emption. National Civil Code 2074
National Civil Code 2074

Section 460, Sub-section (7): If any party does not agree to the market price of the property subject to pre-emption fixed pursuant to sub-section (6) or if the person obliged to allow preemption appears within the time limit and shows the reason why pre-emption is not to be made, and it is necessary to decide it upon examination of evidence on the matter, the office that approves the registration of the deed shall inform that the concerned person may make a lawsuit in the court within thirty-five days; and in such a case, action shall be taken pursuant to a decision of the court if a lawsuit has been filed within the time-limit, and pursuant to a decision of the office if no such a lawsuit has been filed. Section 460, Sub-section (8): In returning the amount to the petitioner on holding that pre-emption cannot be made pursuant to sub-section (4), two and half percent of the amount deposited pursuant to sub-section (1) shall be deducted. Section 460, Sub-section (9): If the person who has petitioned for pre-emption does not subsequently intend, for any reason, to make pre-emption or fails to appear at the appointed dates, the office shall punish that person with a fine of three percent of the amount of deposit furnished by him or her and the amount that remains after deducting that fine from the amount of deposit shall be returned to him or her. Section 461: To update records upon pre-emption Section 461: If it is held by the concerned office or court that pre-emption can be made pursuant to this Chapter, the office shall make entries into and update accordingly the records of the pre-empted property maintained in such an office. Section 462: Statute of limitation Section 462: A person who is aggrieved from any act done or action taken pursuant to this Chapter may file a lawsuit within thirty-five days after the date of knowledge thereof not later than six months after the date of registration of the deed. Provided that a tenant may file a lawsuit within thirty-five days after the date of expiration of the date within which the land- owner may make pre-emption. Section 463: Deed deemed to be registered Section 463: If any deed submitted by a person to the concerned office for approval pursuant to this Chapter is approved by such an office, such a deed shall be deemed to be registered. Explanation: For the purposes of this Chapter, the term “concerned office” means such an office as may be designated by the Government of Nepal, by a notification in the Nepal Gazette, and includes the concerned Land Revenue Office until the office is so designated. National Civil Code 2074
National Civil Code 2074

Section 464: Deeds to be registered Section 464, Sub-section (1): In making any of the following deeds, such a deed shall be got registered with the concerned office: Section 464, Sub-section (1), Clause (a): A deed transferring the right in an immovable property in any manner, Section 464, Sub-section (1), Clause (b): A deed of mortgage with possession, mortgage without possession or re-mortgage, Section 464, Sub-section (1), Clause (c): A deed on donation or gift of immovable property in testament, Section 464, Sub-section (1), Clause (d): A deed on exchange of immovable property, Section 464, Sub-section (1), Clause (e): A deed on partition or relinquishment of partition share of property in common, Section 464, Sub-section (1), Clause (f): A deed on separation of board and bread or unification of board and bread, Section 464, Sub-section (1), Clause (g): A deed on establishment of a trust, Section 464, Sub-section (1), Clause (h): A deed on house renting with a monthly rent of more than one hundred thousand rupees, Section 464, Sub-section (1), Clause (i): A deed on usufruct in an immovable property, Section 464, Sub-section (1), Clause (j): Such other deed required to be registered pursuant to this Act or law. Section 464, Sub-section (2): If any person fails to have registered a deed required to be registered pursuant to sub-section (1), such a deed shall not be legally recognized. Section 465: Other deeds may be registered Section 465, Sub-section (1): A person may, if he or she so intends, have registered also any deed other than that set forth in Section 464. Section 465, Sub-section (2): If a person makes an application for the approval of registration of a deed pursuant to sub-section (1), the concerned office shall register such deed by fulfilling the legal requirements. Section 466: Deed may be registered by commission Section 466, Sub-section (1): If a person makes an application to the concerned office for the approval of registration of a deed by a commission deputed by the office and it appears that such a deed can be registered by that office, the chief of office or other employee deputed by him or her shall, on deposit with the office of the fees chargeable for such registration, visit the location indicated by the applicant within five days and register such a deed by fulfilling the legal requirements. Section 466, Sub-section (2): If the deed is approved by a commission deputed pursuant to sub-section (1), the office shall credit into revenue the deposit made pursuant to that sub-section. Section 466, Sub-section (3): If, for any reason, the deed is not approved and registered by a commission deputed pursuant to sub-section (1), the applicant shall get refund of the deposit within three months. Section 466, Sub-section (4): If the applicant fails to get refund of the deposit within the time-limit referred to in sub-section (3), the office shall credit such deposit into revenue. National Civil Code 2074
National Civil Code 2074

Section 467: Deed may be approved and registered with office in other Section 467: district: (1) If the parties to a deed intend to get the deed approved and registered in a district other than the district in which either of them resides or the property is situated, they shall make an application, setting out the matter, to the concerned office of that district. Section 467, Sub-section (2): If an application is made for the registration of a deed pursuant to sub-section (1), such an office shall make necessary inquiry into the matter and approve and register such deed by fulfilling the legal requirements. Section 467, Sub-section (3): If a deed of immovable property is approved and registered in other district pursuant to sub-section (2), the office shall send a copy of the registered deed to the relevant office of the concerned district. Section 468: Fee chargeable for registration of deed Section 468, Sub-section (1): The fee specified by law shall be charged for the approval and registration of a deed. Section 468, Sub-section (2): Except where the law provides for the fee of approval and registration of a deed, fee shall be charged according to the amount set forth in the deed dealing with transaction of money. Provided that if the price of the immovable property referred to in the deed is less than the minimum price specified by the Government of Nepal, the fee shall be charged according to the price specified by the Government of Nepal. Section 468, Sub-section (3): Notwithstanding anything contained in sub-section (1) or (2), in registering a deed in another district, there shall be charged an additional fee by ten percent of the fee set forth in that sub-section. Section 469: Obligation to pay fees Section 469, Sub-section (1): The following person shall pay the fee chargeable for the registration of the following deed: Section 469, Sub-section (1), Clause (a): In the case of a deed transferring a property or relating to mortgage, the transferee or mortgagee, Section 469, Sub-section (1), Clause (b): In the case of a deed on partition or relinquishment of partition share, separation of board and bread or unification of board and bread, all coparceners in equal portion, Section 469, Sub-section (1), Clause (c): In the case of a deed on exchange of property, both parties to the deed, Section 469, Sub-section (1), Clause (d): In the case of a deed of testamentary gift, the donor or testator, Section 469, Sub-section (1), Clause (e): In the case of a deed on house renting, the house lord, Section 469, Sub-section (1), Clause (f): In case of a memorandum of establishment of trust, founder of a trust, Section 469, Sub-section (1), Clause (g): In the case of any other deed, both parties to the deed. National Civil Code 2074
National Civil Code 2074

Section 469, Sub-section (2): In registering the deed referred to in clause (e) of sub- section (1), the fee shall be determined considering the amount of rent of the first month receivable for house rent as the price. Section 470: Provision relating to payment of amount Section 470: If any amount is to be paid and received between the parties to a deed according to the deed intended to be approved and registered, such payment may be effected either in household or in presence of the concerned employee of the office or by a good for payment cheque. Section 471: Transmission and registration and de-registration to be made Section 471, Sub-section (1): If any transmission has to be effected in consequence of a deed registered, the concerned office shall execute transmission, and registration and deregistration of the matter on the day of registration of the deed, and on the following day if it is not possible to do so on that day. Section 471, Sub-section (2): If any transmission and registration and deregistration of the matter have to be made in the records of another office according to the deed registered by one office, the latter shall give a time-limit of thirty-five days to the transferee, thereby informing him or her to go to the concerned office for the transmission, and registration and deregistration of the matter, and send also the deed to the concerned office. Section 471, Sub-section (3): On receipt of a deed sent by another district for the transmission, and registration and deregistration of the matter pursuant to sub-section (2), the concerned office shall enter the matter of such registration into its records and effect transmission and registration and deregistration of the matter according to the deed. Section 472: Deed registered at earlier date to be valid Section 472: In the event of approval and registration of more than one deed in relation to the same matter, the deed approved and registered on the earlier date shall be valid. Section 473: Statute of limitation Section 473, Sub-section (1): 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 473, Sub-section (2): Notwithstanding anything contained in sub-section (1), if a deed is approved and registered by an office of another area, a lawsuit may be made within one year after the date of receipt by the concerned office of a copy of such a deed. Section 474: Transaction deemed to be made Section 474, Sub-section (1): If there is give-and-take of any amount or goods between two or more persons subject to any condition, transaction shall be deemed to have been made between them. Section 474, Sub-section (2): If a transaction is made pursuant to sub-section (1), the receiver of amount or goods shall return the same to the giver of amount or goods. National Civil Code 2074
National Civil Code 2074

Explanation: For the purposes of this Chapter, the term “amount” includes the price of a goods. Section 475: Loan deemed to be borrowed Section 475: If a person has an obligation to pay any amount or goods to another person in any manner, such obligation shall be deemed to be a loan borrowed by that person, and such a person shall return such amount or goods to the concerned person, subject to the provisions of this Chapter. Section 476: Transaction not to be carried on without executing deed Section 476: No person shall carry on transaction without executing a deed in accordance with law. Explanation: For the purposes of this Chapter, the term “deed” means any document that substantiates a transaction including a cheque, bill, voucher and receipt. Section 477: Matters to be set out in deed Section 477: In carrying on a transaction, the following matters shall be set out in the deed according to the nature of transaction: Section 477, Clause (a): Name, surname, age and address of each person involved in transaction, and name of his or her father, mother, grand-father and grand-mother, Provided that in the case of a married person, the name of his or her husband or wife, as the case may be, shall also be mentioned. Section 477, Clause (b): Reason for transaction, Section 477, Clause (c): Volume of transaction, Section 477, Clause (d): In the case of transaction of any good, price of such goods, Section 477, Clause (e): In the case of exchange of any goods by way of borrowing, loan or otherwise, the matter to that effect, Section 477, Clause (f): Details of the goods, if any, exchanged, Section 477, Clause (g): Date for repayment of the transacted amount, Section 477, Clause (h): Rate of interest, if any, payable on the transaction, Section 477, Clause (i): Matter that the creditor may recover the amount involved in the transaction from the borrower's assets in the event of failure to repay such amount within the specified time or to fulfill the other conditions set forth in the deed, Section 477, Clause (j): Place of the deed executed, Section 477, Clause (k): Date of the deed executed, Section 477, Clause (l): Such other matters as required to be set out according to the nature of transaction. Section 478: Entitlement of creditor to interest from debtor Section 478, Sub-section (1): If a deed on transaction provides for the payment of interest, the creditor may collect the interest from the debtor as set forth in the deed. Section 478, Sub-section (2): The amount of interest which the creditor is entitled to collect from the debtor pursuant to sub-section (1) shall not exceed ten percent of the principal per annum. Section 478, Sub-section (3): If the deed executed pursuant to sub-section (1) does not provide for the rate of interest but only for the payment of interest, the creditor may collect interest from the debtor at the rate of ten percent of the principal per annum. National Civil Code 2074
National Civil Code 2074

Section 478, Sub-section (4): If the deed executed pursuant to sub-section (1) provides for the payment of profit instead of interest but does not specify the amount of such profit, the creditor may collect such profit from the debtor as if it were interest. Section 479: Creditor not allowed to collect interest from debtor Section 479: If the deed on transaction does not provide for the payment of interest, the creditor shall not collect interest from the debtor. Section 480: Compound interest not to be collected Section 480, Sub-section (1): The creditor shall not collect compound interest from the debtor. Section 480, Sub-section (2): If any creditor collects compound interest from a debtor in contravention of sub-section (1), such interest shall be deducted from the principal and refunded if the principal has already been repaid. Section 481: Interest in excess of principal not to be collected Section 481: Notwithstanding anything contained elsewhere in this Chapter, the creditor shall not collect interest in excess of the principal. Section 482: Procedures to be fulfilled in paying and collecting principal and Section 482: interest: The following procedures shall be fulfilled in paying and collecting interest: Section 482, Clause (a): If the debtor repays the whole of the principal and interest, the creditor shall sign and return the deed on transaction to the debtor by tearing out the deed or indicating on its space or reverse side that the loan has been repaid, Section 482, Clause (b): If the deed is not found at the time of repayment of the principal and interest pursuant to clause (a), the creditor shall give the debtor a receipt indicating the receipt of the particular amount on the particular date, Section 482, Clause (c): In repaying some amount out of the principal and interest, the creditor shall indicate on the reverse side of the deed how much he or she has received from the debtor on which date, and get the debtor to sign the deed and issue a separate receipt of amount accordingly if the deed is not found immediately or it is not with the creditor for the time being. Section 483: Interest accruable as of the date of recovery of amount Section 483: Notwithstanding anything contained elsewhere in this Chapter, if the court passes a judgment on a lawsuit, if any, made within the period under Section 484 entitling the creditor to recover interest as well, the creditor shall be entitled to the interest as of the date of recovery according to the judgment. Section 484: Period of deed executed in household Section 484, Sub-section (1): The period of a deed executed in household pursuant to this Chapter shall not exceed ten years. National Civil Code 2074