chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 199, Sub-section (4): Any foreign citizen making adoption pursuant to this Section shall, upon making such adoption, comply with the other provisions set forth in this Chapter. Section 200: Details to be forwarded Section 200: A foreigner who makes adoption pursuant to this Chapter shall each year forward details relating to the arrangements he or she has made for the maintenance(palanposhan), education, health and care of(herchaha) the adopted minor until such minor attains the age of majority according to the law of the concerned country, in each six months for a period of two years and thereafter in each year to the Government of Nepal through the Nepali Embassy or Consulate based in his or her country or Nepali mission abroad, and if such mission is not situated there, through the Embassy of Nepal related to such a country. Section 201: To monitor Section 201, Sub-section (1): The Board may itself monitor as to whether a foreigner who has adopted a Nepali minor has made arrangements for the maintenance (Palanposhan), health, education and care of (Herchaha) such minor until the minor attains the age of majority, or for that purpose, form, as per necessity, a sub-committee consisting also of a representative of the Nepali Embassy or Consulate based in the concerned country. Section 201, Sub-section (2): The Board or sub-committee referred to in sub-section Section 201, Sub-section (1): may, for that purpose, carry out monitoring by visiting the place where the child is residing. Section 201, Sub-section (3): The Board or sub-committee shall submit a report of monitoring conducted by it under sub-section (2) to the Government of Nepal. Section 201, Sub-section (4): The report referred to in sub-section (3) shall contain, inter alia, a statement whether the best interests of the adopted Nepali minor have been served when he or she is residing with the adoptive person or not. Section 201, Sub-section (5): If the report received pursuant to sub-section (3) contains a statement that the best interests of the adopted Nepali minor have not been served when he or she is residing with the adoptive person, the Government of Nepal shall, also taking opinion of the concerned minor if her or she is able to express his or her opinion or is above ten years of age, bring that matter to the attention of the Government of the concerned country through the diplomatic channel. Section 201, Sub-section (6): If the condition of the adopted Nepali minor is not improved even after the attention drawn pursuant to sub-section (5), the Government of Nepal shall, by a notification in the Nepal Gazette, remove such a country from the list of countries opened for their citizens to make inter-country adoption from Nepal. National Civil Code 2074
National Civil Code 2074

Section 202: Case may be filed Section 202: A case may be filed in the court of the concerned country for the annulment of adoption, by a minor adopted as an adopted son or daughter within one year after the date on which the minor attained majority, on the grounds of failure to make arrangements for proper maintenance(Palanposhan), health, education and care of (Herchaha) him or her, and by the Nepali Embassy or Consulate based in the country where the adopted son or daughter is residing within one year after the date on which the adoptive person failed to make such arrangements. Section 203: Provisions of the Act to be applicable Section 203, Sub-section (1): Provisions contained in Sections 173, 174, 175, 178, 179, 180, 181 and 183 in relation to adopted sons or daughters shall also apply to the sons or daughters adopted by foreigners pursuant to this Chapter. Section 203, Sub-section (2): Provision of Section 191 shall not apply for the adoption of the minors of foreigners domiciled in Nepal. Section 203, Sub-section (3): The Government of Nepal may, on the recommendation of the Board, make necessary Guidelines for the implementation of the provisions contained in this Chapter. Section 204: Statute of limitation Section 204: If a separate statute of limitation for making a lawsuit is specified in this Chapter, the lawsuit may be made accordingly, and if such statute of limitation is not specified, a person aggrieved from any act committed or action taken under this Chapter may make a lawsuit within one year after the date on which such an act was done or action was taken. Section 205: To be deemed coparcener Section 205: For the purposes of apportionment of a property in common, the husband, wife, father, mother, son and daughter shall be deemed to be coparceners, subject to the other Sections of this Chapter. Section 206: Equal entitlement to partition share Section 206, Sub-section (1): Each coparcener shall have equal entitlement to partition share. Section 206, Sub-section (2): If a woman coparcener is pregnant at the time of partition, and the baby to be delivered by her is to become a coparcener, partition shall be made by treating also such would be born baby as a coparcener and only after setting aside his or her partition share of property. Section 206, Sub-section (3): If the pregnant woman under sub-section (2) does not deliver a live baby, the partition share set aside for such a baby shall be divided equally between the other coparceners. Section 207: Son and daughter born from couple whose matrimonial Section 207: relationship is dissolved to obtain partition share: A son and daughter born to a couple who cannot conclude a marriage or whose marriage cannot be considered valid or whose matrimonial relationship is dissolved according to law shall obtain their partition share from such a father and mother. National Civil Code 2074
National Civil Code 2074

Section 208: To obtain partition share from mother Section 208, Sub-section (1): A son and daughter whose father is not traced out shall obtain their partition share from the property belonging to their mother only. Section 208, Sub-section (2): A wife kept without making public or a son and daughter born from her shall not be entitled to claim a partition share after the death of the husband or father. Section 209: To obtain partition share from part of father or husband Section 209, Sub-section (1): A son and daughter child or wives of brothers living in an undivided family shall obtain partition share only from the part of their respective father or husband, as the case may be. Section 209, Sub-section (2): If the husband, father or mother dies before effecting partition, his wife or his or her child shall obtain the partition share to which the husband, father or mother is entitled. Section 209, Sub-section (3): If a person has more than one wife, they shall obtain their respective partition share only from the part of the husband. Section 210: Latter wife or child to obtain partition share from part of Section 210: husband or father: (1) If a person concludes another marriage or a child is born from the wife so married, after effecting partition between his wife, son, daughter or while he is living together with such a wife, son, daughter after mixing his partition share with that of them, such a wife, son or daughter shall obtain her or his partition share only from the part of the property of the husband or father, as the case may be. Section 210, Sub-section (2): Notwithstanding anything contained elsewhere in this Chapter, if a person whose wife is surviving concludes another marriage before effecting partition, the partition shares of the other coparcener shall first be set aside and the woman who is so married shall be provided with a partition share from the part to which he is entitled. Section 211: Right to obtain partition share Section 211, Sub-section (1): A husband, wife, father, mother, son and daughter having property in common shall make, according to their reputation and income, arrangements for the maintenance and medical treatment of the wife, husband, son, daughter, father and mother, as the case may be. Section 211, Sub-section (2): If a person who is bound to make arrangements as referred to in sub-section (1) fails to make such arrangements, the coparcener is entitled to get separated by obtaining his or her partition share. Section 212: Separation may be effected at anytime Section 212, Sub-section (1): If there is a mutual agreement between the coparcener, they may get separated at any time by obtaining their respective partition share. National Civil Code 2074
National Civil Code 2074

Section 212, Sub-section (2): If the husband, father, mother or person acting as the head of family considers it appropriate for the coparcener to obtain their respective partition share and get separated rather than living in a single family, the coparcener may get separated by effecting partition at any time. Explanation: For the purposes of this Act, the term “person acting as the head of family” means a person who has attained the age of majority pursuant to law and acts as the head of family or who has the responsibility to run the household affairs living in the joint family by engaging in farming, trade, business or any other work in various places. Section 213: Husband or wife may get separated by obtaining partition Section 213: share: (1) Notwithstanding anything contained in Section 211, the husband or wife may, in any of the following circumstances, get separated at any time by obtaining his or her partition share: Section 213, Clause (a): If the husband or wife expels the wife or husband from the house, Section 213, Clause (b): If the husband or wife causes physical or mental torture to the wife or husband. Section 214: Widow may effect separation by taking her partition share Section 214, Sub-section (1):  Notwithstanding anything contained elsewhere in this Chapter, a widow may get separated at any time by taking her partition share. Section 214, Sub-section (2): If a widow concludes another marriage, the property obtained by her by way of partition share shall devolve on the son and daughter, if any, born to her from the previous husband and, if there is no such a son or daughter, she herself may retain such property. Section 215: Relinquishment of partition share Section 215, Sub-section (1): Any coparcener may, by executing a deed to that effect, relinquish his or her partition share, with or without taking his or her partition share in part or taking some cash or kind only in consideration for his or her partition share. Section 215, Sub-section (2): While executing a deed on relinquishment of partition share pursuant to sub-section (1), if a coparcener has husband, wife, or son or daughter having attained the age of majority, the deed on relinquishment of partition share shall be deemed to have been executed only when consent of such a husband, wife, son or daughter has been obtained. Provided that the entitlement of a minor coparcener to partition share may not be relinquished. Section 215, Sub-section (3): If a deed on relinquishment of partition share is executed pursuant to sub-section (1), it shall be deemed as if he or she received his or her partition share. Section 215, Sub-section (4): A coparcener shall have to appear in person for executing a deed on relinquishment of partition share or for receiving his or her partition share. Provided that if a coparcener is not able to appear in person, he or she shall, for that purpose, appoint an authorized attorney in accordance with law. National Civil Code 2074
National Civil Code 2074

Section 216: Partition to be effected Section 216, Sub-section (1): In partitioning a property in common, a deed of partition shall be executed in writing between the coparceners, subject to this Chapter. Section 216, Sub-section (2): In effecting partition pursuant sub-section (1), partition of property in common and debts in common shall be so made that partition shares thereof are equal. Explanation: For the purposes of his Chapter, the term "debts in common" means any debts agreed to by the person acting as the head of family or by all coparceners or borrowed by the coparceners, who have attained the age of majority and live in the undivided family and carry on household work, farming, trade or any other work in various places or incurred in such transaction or incurred in transaction carried on by the other persons, who have attained the age of majority and live in the undivided family as to which such persons have consented in writing. Section 216, Sub-section (3): Partition shall be effected by balancing both high value and less value properties, with the consent of all the coparceners, and failing such consent, by a lottery. Section 216, Sub-section (4): If, in effecting partition, there arises a dispute on any property, partition shall be effected after the settlement of the dispute. Provided that if it takes a long time for the settlement of such a dispute, the property in dispute may be kept as undivided property and the other properties may be partitioned. Section 217: Matters to be specified in deed of partition Section 217: The following matters shall be specified in the deed of partition: Section 217, Clause (a): Name, surname, age, address of every coparcener and that of his or her mother, father, grand-father and grand-mother, Section 217, Clause (b): Property to be received by the coparceners, Section 217, Clause (c): If the part of a coparcener involves debts, moneys receivable, amount of such debts and moneys, Section 217, Clause (d): If, upon partition, any coparcener is to live with another coparcener, that details thereof, Section 217, Clause (e): A matter to the effect that no coparcener has hidden or concealed any property subject to partition, Section 217, Clause (f): If any property is to devolve on a coparcener only, upon the death of the father, mother, husband or wife, details thereof, Section 217, Clause (g): If the partition share of any coparcener is to be entrusted to any one, details thereof, Section 217, Clause (h): Other necessary matters. Section 218: Deed of partition to be registered Section 218, Sub-section (1): In effecting partition, a deed of partition shall be drawn up in presence of witnesses, bear signature and thumb-impression of the witness and the coparcener and registered in the concerned office, having duly fulfilled the legal requirements. National Civil Code 2074
National Civil Code 2074

Section 218, Sub-section (2): Notwithstanding anything contained in sub-section (1), in cases where partition was effected in household making a balance between highly valuable and less valuable property, whether or not executing a deed of partition between any coparceners before 10 January 1978 (27 Poush 2034) and a coparcener has already taken his or her partition share and effected transmission thereof or the coparceners have individually possessed or sold or transacted their respective partition share of immovable property according to partition, partition shall be deemed to have been effected in spite of being the deed of partition not registered. Section 219: Prohibition of providing property without effecting partition Section 219, Sub-section (1): No person acting as the head of family shall, without effecting partition, provide a property in common to only a coparcener who has not taken partition share or who would be a coparcener. Provided that- Section 219, Sub-section (1): That such a person may, with the consent of all the coparceners, provide any property to any coparcener. Section 219, Sub-section (2): That such a person may, even without consent of the other coparceners, provide the property to the extent of his or her partition share, to any coparcener. Section 219, Sub-section (2): In effecting partition pursuant to this Chapter, the other property shall be partitioned by setting off the property provided to a coparcener pursuant to clause (1) of the proviso to sub-section (1) for the partition share to which the coparcener is entitled. Section 220: Lawsuit to be filed by setting out inventory of property Section 220, Sub-section (1): If a coparcener is desirous of getting separated by setting aside his or her partition share, he or she shall file a lawsuit, specifying therein the date of separation of bread and board from the other coparceners and setting out an inventory of such property and debts and assets held in his or her name and that of the other coparceners, to the best of his or her knowledge, as is liable to partition. Explanation: For the purposes of this Section, the term "date of separation of bread and board" means the following date or day: Section 220, Sub-section (1), Clause (a): The date mentioned in the deed of separation of bread and board, Section 220, Sub-section (1), Clause (b): If there is no deed of separation of bread and board, the date as agreed between the coparceners on the separation of bread and board, Section 220, Sub-section (1), Clause (c): If no agreement is reached between the coparceners pursuant to clause (b), the day immediately before the day of filing a lawsuit, Section 220, Sub-section (1), Clause (d): Except as otherwise agreed upon, in the case of a married daughter, the day of her marriage. Section 220, Sub-section (2): If the deed of separation of bread and board is executed between any coparceners only, such a deed shall come into force only on the date of its registration. National Civil Code 2074
National Civil Code 2074

Section 220, Sub-section (3): If the person filing a lawsuit pursuant to sub-section (1) is unable to submit the inventory of property, he or she shall also specify the reason therefor. Section 220, Sub-section (4): If a lawsuit is filed pursuant to sub-section (1), the concerned person also shall submit a statement of defense, together with a statement whether the plaintiff is to be provided with a partition share or not and if he or she agrees to provide a partition share, together with an inventory of the property held in his or her name and the debts and assets. Section 221: Matters to be set out in inventory Section 221, Sub-section (1): The following matters shall be set out in the inventory of the property to be submitted pursuant to this Chapter: Section 221, Sub-section (1), Clause (a): The place of location of land, plot No., area and approximate value thereof, Section 221, Sub-section (1), Clause (b): In the case of a house, place of location, plot no, area, Kabal (rooms), Naal (size), storey of the house, whether it is concretely built or mud made, and approximate value thereof, Section 221, Sub-section (1), Clause (c): In the case of a movable property, details and approximate value thereof, Section 221, Sub-section (1), Clause (d): In the case of cash, details thereof, and also details of bank balance, share, debenture, treasury bills, if any, Section 221, Sub-section (1), Clause (e): In the case of livestock, details and approximate value thereof, Section 221, Sub-section (1), Clause (f): In the case of gold, silver and jewelries, details and approximate value thereof, Section 221, Sub-section (1), Clause (g): In the case of a motor vehicle, details and approximate value thereof, Section 221, Sub-section (1), Clause (h): Details and approximate value of the properties, if any, other than those referred to clauses (a) through Section 221, Sub-section (1), Clause (g): . Section 221, Sub-section (2): If the value of any property is not set out pursuant to sub-section (1) or a dispute arises as to the value thereof, the court shall take the basis of the price fixed by the Land Revenue Office, in the case of an immovable property, and of the prevailing market price for the time being, in the case of a movable property. Section 222: Partition to be effected by taking inventory Section 222, Sub-section (1): If it appears from the lawsuit filed or statement of defense submitted pursuant to Section 220 that partition requires to be effected and an inventory of property is submitted along with the lawsuit or statement of defense, the court shall effect partition, having the coparceners executed a deed stating, inter alia, that the property they have submitted is the only property to be partitioned and that they have not concealed or hidden any other property. National Civil Code 2074
National Civil Code 2074

Section 222, Sub-section (2): If an inventory of property is not submitted along with the lawsuit or statement of defense, the court shall, by specifying a time-limit, require the coparceners to submit the inventory of the property and effect partition by causing the coparceners to execute a deed pursuant to sub-section (1), if the coparceners submit such an inventory within the time-limit so specified. Section 223: Partition to be effected on the basis of inventory received Section 223, Sub-section (1): If a person who in to submit an inventory of property within the time- limit referred to in Section 222 fails to submit the inventory or has elapsed the time-limit without submitting a statement of defense, the court shall effect partition on the basis of the inventory of the property submitted by other coparceners. Section 223, Sub-section (2): If the partition is effected pursuant to sub-section (1), no lawsuit may be entertained on the ground of dissatisfaction with the partition share. Section 223, Sub-section (3): Notwithstanding anything contained in sub-section (2), if a lawsuit is filed for the partition of a property not set out in the inventory of the property submitted by the coparceners but discovered subsequently, the court shall effect partition of that property. Section 224: Power to take inventory by breaking padlock Section 224: If, because of the failure of a person to submit an inventory of the property required to be submitted by him or her, the inventory of property has to be taken by breaking the padlock of the house custody of which is taken by him or her, the court may, by opening the padlock in presence also of the person holding the key of the house, if he or she is present, and if not, in presence of at least two persons including the person requesting for partition share and a representative of the concerned ward of the Local Level, take an inventory of the property found there, by maintaining a record thereof. Section 225: Partition to be effected when inventory produced Section 225, Sub-section (1): If the person who has to submit an inventory fails to submit the inventory or lapses the time-limit by not submitting a statement of defense and the person filing a lawsuit requesting for the partition of property also fails to submit the inventory of property, the court shall, by causing the person filing the lawsuit to execute a deed of the same statement, abate the lawsuit subject to the condition that the partition shall be effected at the time when an inventory of the property is produced. Section 225, Sub-section (2): If a lawsuit is abated pursuant to sub-section (1) and the person filing the lawsuit makes a petition subsequently, accompanied by an inventory, the court shall effect partition between the coparceners in accordance with law, on the basis of the previous case-file itself. National Civil Code 2074