chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 254: Property deemed to be movable Section 254: The following property shall be deemed to be a movable property: Section 254, Clause (a): Cash or goods that can be transacted as cash or foreign currency, Section 254, Clause (b): Gold, silver, jewelry, Ratna, gold or silver ornament or precious stone, Section 254, Clause (c): Other good that can be moved from one place to another, except those referred in clause (a) or (b), Section 254, Clause (d): A bond, security, promissory note, bill of exchange, letter of credit or other negotiable instrument or a benefit derived therefrom, Section 254, Clause (e): Intellectual property, Section 254, Clause (f): A right in security, Section 254, Clause (g): A trade good-will or franchise, Section 254, Clause (h): A property other than the immovable property. Section 255: Classification of property according to ownership Section 255: The property shall, according to the ownership and the form of use thereof be classified as follows: Section 255, Clause (a): Private property, Section 255, Clause (b): Property in common, Section 255, Clause (c): Joint property, Section 255, Clause (d): Community property, Section 255, Clause (e): Public property, Section 255, Clause (f): Government property, Section 255, Clause (g): Trust property. Section 256: Property deemed to be private property Section 256, Sub-section (1): Any of the following properties owned by any person or properties accrued therefrom shall be deemed to be a private property of such a person: Section 256, Sub-section (1), Clause (a): Property earned by way of his or her knowledge, skills or effort, Section 256, Sub-section (1), Clause (b): Property acquired by way of donation, bequeath, or succession, Section 256, Sub-section (1), Clause (c): Property acquired by way of a lottery or gift, Section 256, Sub-section (1), Clause (d): Property acquired by way of remuneration, gratuity, pension, medical expense, provident fund, insurance or other social security, Section 256, Sub-section (1), Clause (e): Property acquired by way of intellectual property or royalty, Section 256, Sub-section (1), Clause (f): Property acquired in any manner whatsoever while living apart by separating bread and board in accordance with law or while managing one’s accommodation at one’s cost despite not so living apart, Section 256, Sub-section (1), Clause (g): Property earned or acquired by a woman prior to marriage or acquired from her parental side at the time of marriage or accrued therefrom, Section 256, Sub-section (1), Clause (h): Property so granted to a woman by the husband or with consent of all coparceners of the husband side that she will have exclusive right in it or movable or immovable property received from the relatives or friends of the husband side and property accrued therefrom, Section 256, Sub-section (1), Clause (i): Property which, according to law, is considered to be the exclusive private property of a person. Section 256, Sub-section (2): Any person shall be entitled to exclusively deal with his or her private property, subject to this Act. National Civil Code 2074
National Civil Code 2074

Section 257: Property deemed to be property in common Section 257, Sub-section (1): Any of the following properties or property accrued therefrom shall be deemed to be the property in common, irrespective of such property being owned by any coparcener whosoever, out of the coparceners, subject to Section 256: Section 257, Sub-section (1), Clause (a): Property inherited from ancestors, Section 257, Sub-section (1), Clause (b): Property owned by the coparceners except the private property, Section 257, Sub-section (1), Clause (c): Property earned by the coparceners from the farming, industry, trade or business in common or property accrued therefrom. Section 257, Sub-section (2): Except where separated in accordance with law, any property earned by the husband or wife or property accrued therefrom shall be deemed to be the property in common of the husband or wife. Section 257, Sub-section (3): Notwithstanding anything contained elsewhere in this Chapter, any property earned by the parents for the purpose of partition between the parents and their children shall also be deemed to be the property in common. Section 257, Sub-section (4): The use of, and transfer of right in, the property in common and other provisions shall be as set forth in the other Chapters of this Act. Section 258: Property deemed to be joint property Section 258, Sub-section (1): Any property owned by two or more persons except the coparceners living in a joint family or property accrued therefrom shall be deemed to be a joint property. Section 258, Sub-section (2): The right or share of a joint holder in the joint property shall be as set forth in a deed setting out such rights and share, and failing such a deed, the holders of that property shall be deemed to have equal rights and share. Section 258, Sub-section (3): The use and management of, transfer of title to, and other provisions relating to, the joint property shall be governed by this Chapter and the other Chapters of this Act. Section 259: Trees, plants or goods on boundary to be deemed joint Section 259: property: Except as otherwise proved, the trees, plants or goods lying on the boundary of two or more owners of adjoining lands shall be deemed to be the joint property of all owners. Section 260: Management, protection and maintenance of joint property Section 260, Sub-section (1):  The management, protection and maintenance of a joint property shall be made as per the consent of the owners of that property. Section 260, Sub-section (2): Failing consent between the owners in relation to the management, protection and maintenance of a joint property pursuant to sub-section (1), the management, protection and maintenance of the joint property shall be made according to the decision of majority members. Section 260, Sub-section (3): Failing a majority opinion between the owners in relation to the management, protection and maintenance of the joint property pursuant to sub-section (2), the owner who has the largest right or share in that property shall make its management, protection and maintenance. National Civil Code 2074
National Civil Code 2074

Provided that if the owners have equal right, all owners shall have to make management, protection and maintenance of such property on an equal basis. Section 260, Sub-section (4): Expenses incurred in the management, protection and maintenance of the joint property, if any, made by any owner pursuant to sub-section (2) or (3) shall be borne by all owners in proportion to their respective right or share. Section 260, Sub-section (5): The owner who does not manage, protect and maintain the joint property pursuant to sub-section (4) shall pay the expenses incurred in the management, protection and maintenance of that property to the owner who has made such management, protection and maintenance within a period of one year. Section 260, Sub-section (6): If any owner fails to pay the expenses incurred in the management, protection and maintenance of the joint property within the period referred to in sub-section (5), the owner who has made management, protection and maintenance thereof shall be entitled to purchase the right and share of that other owner in that property at the prevailing price. Such purchaser of the joint property may deduct management and maintenance expenses of his or her portion. Section 261: Prohibition of alteration in joint property without consent Section 261: Any alteration in a joint property or any change in its form may not be made without consent of all the owners of the joint property. Section 262: Legal action or defense may be made by any owner of joint Section 262: property: (1) If it is necessary to institute a legal action against any person or defend a case in relation to the protection of a joint property, all owners shall make such institution or defense. Section 262, Sub-section (2): If all owners are not available as referred to in sub- section (1), any owner may, on behalf of him or her or the other owners, institute legal action against any person or defend any case. Section 263: Separation of one’s share from joint property Section 263, Sub-section (1): Any owner of a joint property may separate his or her right or share therein from the other owners at any time. Section 263, Sub-section (2): The separation of a joint property referred to in sub- section (1) shall be effected in accordance with the consent of all the owners. Section 263, Sub-section (3): Notwithstanding anything contained in sub-section (1) or (2), if the separation of any joint property results either in a substantial loss to the other owners or in a disorder in the form of that property, such separation may not be made. Section 263, Sub-section (4): If any joint property cannot be separated owing to the circumstance referred to in sub-section (3), the owners of that property shall sell such property and divide the proceeds of sale between them in proportion to their respective right and share therein. National Civil Code 2074
National Civil Code 2074

Section 263, Sub-section (5): If any joint property cannot be sold in accordance with sub-section (4) or all the owners do not agree to sell it and any owner intends to buy such property, such an owner may exclusively own it by paying the price of that property to the other owners in the same proportion. Section 263, Sub-section (6): If more than one owner intend to buy the joint property pursuant to sub-section (5), the owner who agrees to pay the highest price shall be entitled to purchase such property. Section 264: Provisions relating to community, public, government and trust Section 264: properties: The provisions relating to, and ownership, use, management, and transfer of right in, and other provisions of, the community, public, government and trust properties shall be as set forth in the other Chapters of this Act. Section 265: Statute of limitation Section 265: A person aggrieved from any act done or action taken under this Chapter may make a lawsuit within six months after the date on which such an act was done or action was taken. Section 266: Ownership to be deemed Section 266: If a person acquires the right in any property in accordance with law, his or her ownership in that property shall be deemed. Section 267: Right of owner Section 267: Any person, in capacity of the owner of any property, shall have the following right, subject to laws: Section 267, Clause (a): To use the property, Section 267, Clause (b): To sell or otherwise transfer the title to the property to any other person, Section 267, Clause (c): To mortgage or pledge the property in any manner, Section 267, Clause (d): To deal in the property, Section 267, Clause (e): To take benefits of the property in any manner whatsoever, Section 267, Clause (f): To make any kind of physical structure, wall or fence or delimit boundary, in his or her land or change the form of any property or otherwise protect it, Section 267, Clause (g): To use his or her land or part below its surface or goods therein or sky above its surface, Section 267, Clause (h): To destroy or dispose of property in any manner, Section 267, Clause (i): To institute a legal action in any manner in relation to the acquisition or security of the property. Section 268: Possessory right to be deemed Section 268: If a person holds a property with him or her lawfully with intention to possess the property, the person shall be deemed to have the possessory right over such property. National Civil Code 2074
National Civil Code 2074

Section 269: When possessory right can be acquired Section 269, Sub-section (1): The possessory right may be acquired over any property in the following manner: Section 269, Sub-section (1), Clause (a): By holding the property in the capacity of its owner, Section 269, Sub-section (1), Clause (b): By acquiring the property owned by another person, in accordance with law, Section 269, Sub-section (1), Clause (c): By obtaining consent to have possessory right. Section 269, Sub-section (2): Only the possessory right which is acquired in good faith, peacefully or openly shall be deemed to have been acquired lawfully. Section 270: Person competent to acquire possessory right Section 270, Sub-section (1): A person may acquire the possessory right either in person or through his or her agent. Section 270, Sub-section (2): A person who is incompetent or quasi-competent may acquire the possessory right through his or her guardian or curator. Section 271: Rights of possessor Section 271, Sub-section (1): A person, in the capacity of a possessor, shall, subject to law, have the following rights: Section 271, Sub-section (1), Clause (a): To uninterruptedly possess the property in his or her possession, subject to the laws in force or the contract, if any, entered into in relation to the property, Section 271, Sub-section (1), Clause (b): To use any benefits of the property in his or her possession. Section 271, Sub-section (2): In the event of acquisition of, by a person, the possessory right in bona fide over any property owned by anyone else, the person shall be entitled to reimbursement from the owner of that property for essential expenses incurred in the management, maintenance or care of (rekh dekh) such property while it was under his or her possessory right. Section 271, Sub-section (3): Notwithstanding anything contained in sub-section (2), the former possessor shall be entitled to retain such property with him or her unless and until the expenses referred to in that sub- section are reimbursed. Section 271, Sub-section (4): If a bona fide possessor of any property not in his or her ownership has attached any goods to such property, the possessor shall be entitled to detach or take out the goods so attached by him or her from the property without tempering with such property. Section 272: Circumstances when possessory right is extinguished Section 272: The possessory right of a person over a property shall be deemed to have been extinguished in any of the following circumstances: Section 272, Clause (a): If the person abandons the property, Section 272, Clause (b): If the person transfers the property, Section 272, Clause (c): If the property gets totally destroyed or becomes useless. National Civil Code 2074
National Civil Code 2074

Section 273: Adverse possessory right to be deemed Section 273, Sub-section (1): Notwithstanding anything contained elsewhere in this Chapter, if any person has possessed any movable property or land owned by anyone else, since more than three years ago in the case of the movable property and thirty years ago in the case of the land as if the property or land were owned by himself or herself, that person shall be deemed to have adverse possessory right over such property or land. Provided that: Section 273, Sub-section (1): No adverse possessory right may be acquired over a government, public, community or trust land despite the length of the period of possession. Section 273, Sub-section (2): Where a contract or other law provides for separate provisions in relation to any property or land, such provisions shall be applicable to such property or land. Section 273, Sub-section (2): If any person acquires the adverse possessory right over any property pursuant to sub-section (1), the person may obtain ownership over such property in his or her name. Section 273, Sub-section (3): Notwithstanding anything contained in sub-section (1), if a property or land is possessed without knowledge of its owner, secretly or forcibly, this Section shall not apply. Section 273, Sub-section (4): In computing the period pursuant to this Section, it shall be computed from the date of the commencement of this Act. Section 274: Compensation to be paid Section 274, Sub-section (1): If any person possesses any property forcibly, with mala fide intention or secretly, the person shall return the benefits derived from that possession and such property to the concerned person and pay a reasonable compensation for any loss caused to the property due to his or her negligence in the course of possessing such property. Section 274, Sub-section (2): If any property owned by anyone else is lost or damaged during the continuance of the possessory right of a person over the property, the person shall pay compensation for such property to the concerned person. Section 275: Statute of limitation Section 275: A person who is aggrieved from any act done or action taken pursuant to this Chapter may make a lawsuit within three months after the date of knowledge of commission of such act or action. Section 276: Prohibition of use, temperance or acquisition of other's Section 276: property: (1) No person shall use other's property without consent of that other person. Section 276, Sub-section (2): No person shall temper with other's property by closing the road or exit of the other person or doing any act or construction on the border of his or her land or otherwise. Section 276, Sub-section (3): No person shall acquire other's property without consent of that person. Provided that the Government of Nepal may, in accordance with law, acquire property of any person for public interest. Section 276, Sub-section (4): No person shall enter other's house and compound without consent of any person except in accordance with law. National Civil Code 2074
National Civil Code 2074

Section 277: Property to be inviolable Section 277, Sub-section (1): No person shall encroach or trespass other's property by way of overlapping, pressing or otherwise. Section 277, Sub-section (2): If any person takes possession of other's property by way of any act referred to in sub-section (1), that person shall be deemed to have encroached or trespassed such property. Section 278: Safety measures to be adopted Section 278: A person shall, while doing any work on his or her house or land, adopt safety measures in order to avoid any loss or damage or effect to the neighbor's house or land in any manner. Provided that, except where a business transaction is carried on by any neighbor, matters such as gas, smell, smoke or noise of general nature emitted or produced from the use by the neighbor of his or her house or land shall not be deemed to have caused a loss or damage or effect to the house or land. Section 279: Prohibition of building a house in other's land without consent Section 279, Sub-section (1): No person shall build a house in a land without obtaining written consent of the owner of that land. Section 279, Sub-section (2): If any person builds a house in a land without obtaining written consent of the owner of that land, the land-owner may, if he or she so desires, purchase the house on payment of the price that is less by up to twenty-five percent of the market price of that house. Section 279, Sub-section (3): If the land-owner does not purchase such house pursuant to sub-section (2), the house-owner may, if the owner so consents, purchase the land on payment of the price that is higher by up to twenty-five percent of the market price of the land where the house is located. Section 279, Sub-section (4): If both parties do not agree to purchase and sell the house or land pursuant to sub-section (2) or (3), the person who has built the house shall demolish the house and take away his or her materials within a period of three months of the date on which the house was so built. Section 279, Sub-section (5): If the house is not demolished within the period referred to in sub-section (4), such a house shall belong to the landowner. Section 280: To leave land while putting window Section 280: If a person or government body has to build a house by putting a window or door towards the neighbor's land, the person or body shall leave the land according to the standards specified by the concerned body. Section 281: Prohibition of channeling water of house or roof Section 281: No person shall channel the water of his or her house or roof to other's house or land or a public road. Section 282: Prohibition of making safety tank adjoining to neighbor's land Section 282, Sub-section (1): No person shall construct a safety tank by adjoining it to the neighbor's land. National Civil Code 2074
National Civil Code 2074

Section 282, Sub-section (2): If a person has to construct a safety tank in his or her land, he or she shall leave at least the land according to the standards specified by the concerned body, except in cases where the neighbor's consent is available. Section 283: To leave land while digging well or Kuwa Section 283: In digging a well or a small (Kuwa) in one's land, one shall leave the land so that the distance of at least one meter can be maintained from the neighbor’s land. Section 284: Prohibition of planting trees or plants causing effect Section 284, Sub-section (1): No person shall plant a tree or plants in such a way so that it causes effects to other's house, land or property. Section 284, Sub-section (2): If any tree or plant planted by a person in one's land cause any effect by expanding to other's house, land or property, the person who has planted such tree or plants shall cut the branches or roots of the tree or plant in such manner as not to cause loss or damage to that person's house, land or property. Section 284, Sub-section (3): If a person who has planted such tree or plants fails to cut off the branches or roots of the tree or plants pursuant to sub- section (2), the person who is affected therefrom may cut off the branches or roots of such tree or plants on his or her own. Section 285: Compensation to be recovered Section 285: If any damage is caused to any person from any act done or action taken by any person under this Chapter, the damage sustaining person shall be entitled to recover a reasonable compensation from the person who has done such act. Section 286: Statute of limitation Section 286: A person who is aggrieved from any act done or action taken under this Chapter may make a lawsuit within six months after the date of knowledge of the commission of such act or action. Section 287: Prohibition of use of other's land Section 287: No person shall cultivate or use, or cause to be cultivated or used, any land in which another person has right, possession and ownership, without consent of that person. Section 288: Requirement to allow land to be used for ditch Section 288, Sub-section (1): If a person who needs to construct a ditch through other's land to cultivate land requests for land, the concerned owner of the land shall provide the land for the construction of the ditch through the place where the concerned landowner considers appropriate. Section 288, Sub-section (2): In consideration for the land provided for construction of a ditch through it pursuant to sub-section (1), the person who constructs the ditch shall provide a substitute land, amount according to the prevailing price of the land used in the construction of the ditch or reasonable compensation to the concerned landowner. National Civil Code 2074