chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 144, Sub-section (2): The guardian shall submit the books and accounts maintained pursuant to sub-section (1) and the inventory proving the ownership of that property to the incompetent or quasi-competent person within one year after the date on which that person has attained majority pursuant to law or the date on which that person has notified in writing the court that he or she is competent to carry out business. Section 144, Sub-section (3): If an incompetent or quasi-competent person dies when he or she was under guardianship, the guardian shall submit the books and accounts and the inventory proving ownership of that property referred to in sub-section (1) to that person’s nearest successor within six months after the date of his or her death. Section 145: Power to institute legal action or defend case Section 145: The guardian may, for the protection of the rights, interests of an incompetent or quasi- competent person under his or her guardianship, institute a legal action against such a person or defend a case filed against him or her. Provided that the guardian is not allowed to so renounce a claim or plea in relation to a case instituted upon the incompetent or quasi-competent person being its plaintiff or defendant or execute a deed of compromise in any case as to cause an adverse effect to him or her. Section 146: Power to act on behalf of incompetent or quasi-competent Section 146: person: Subject to the provisions contained elsewhere in this Chapter, the guardian may carry out such act on behalf of the incompetent or quasi-competent person as may be carried out by that person according to law. Section 147: Act may be carried out only in consonance with terms Section 147: Notwithstanding anything contained elsewhere in this Chapter, if a person is designated as the guardian for an incompetent or quasi- competent person with specification of certain terms, such a guardian shall have the authority to carry out acts only in consonance with such terms. Section 148: Termination of guardianship Section 148, Sub-section (1): A guardianship shall be deemed to be terminated in any of the following circumstances: Section 148, Sub-section (1), Clause (a): If a petition filed by the guardian stating that he or she is unable to be a guardian is accepted by the court, Section 148, Sub-section (1), Clause (b): If the guardian or the incompetent or quasi- competent person under guardianship dies, Section 148, Sub-section (1), Clause (c): If the incompetent or quasi-competent person becomes a competent, Section 148, Sub-section (1), Clause (d): If, at the request of the incompetent or quasi- competent person under guardianship, the court removes the guardian. National Civil Code 2074
National Civil Code 2074

Section 148, Sub-section (2): If a guardianship is terminated pursuant to sub-section Section 148, Sub-section (1): and the person who was the guardian and the person who was under guardianship are surviving, the person who had worked as guardian shall continue to maintain (palan poshan) and take care of(herbichar) the incompetent or quasi-competent person under his or her guardianship until another guardian is appointed. Section 148, Sub-section (3): If a guardianship is terminated pursuant to sub-section Section 148, Sub-section (1): , the statute of limitation, time-limit or appointed date for appearance in relation to any legal proceedings required to be carried out by the guardian pursuant to this Chapter shall not be deemed to have been expired, from the date on which the guardianship is so terminated until another guardian is appointed. Section 149: Guardianship not to be transferred to successor Section 149: If a guardianship is terminated upon the death of the guardian pursuant to Section 148, the right, authority and responsibility vested in him or her in the capacity of a guardian shall not be transferred to his or her successor. Provided that in cases where another guardian is required to be appointed for an incompetent or quasi-competent person, he or she shall, in the capacity of the successor to the guardian, maintain(palanposhan) and take care of (herbichar) such incompetent or quasi-competent person until another guardian is appointed. Section 150: Power to recover expenses Section 150: If any guardian has arranged the maintenance, health, education, sports, entertainment and care of(herbichar) the incompetent or quasi-competent person under his or her guardianship from his or her own property, the guardian may recover the amount of expenses so incurred from the property belonging to the incompetent or quasi-competent person under his or her guardianship. Provided that such expense cannot be so recovered where a person in the priority order referred to in sub-section (1) of Section 136 is the guardian. Section 151: Amount of loss and damage may be recovered Section 151: If the guardian knowingly, deceitfully, fraudulently or dishonestly causes loss and damage to the property belonging to the incompetent or quasi- competent person under his or her guardianship in such manner as to or not to benefit himself or herself, the incompetent or quasi- competent person aggrieved therefrom may recover the amount of loss and damage caused to him or her from such a guardian. Section 152: Statute of limitation Section 152: A person aggrieved from any act done or action taken under this Chapter may make a lawsuit within six months after the date of knowledge of such act or action. Section 153: To be curator of minor Section 153, Sub-section (1): If any minor does not have any guardian as referred to in Chapter-6 of this Part, any person may act in the capacity of curator of such a minor for the maintenance, health, education, care of, and protection of property belonging to, him or her, until the minor attains eighteen years of age. National Civil Code 2074
National Civil Code 2074

Section 153, Sub-section (2): Notwithstanding anything contained in sub-section (1), a person may appoint any one as a curator for the maintenance, health, education and care of his or her minor. Section 154: Curator of person of unsound mind Section 154, Sub-section (1): If a person of unsound mind does not have any guardian as referred to in Chapter-6 of this Part, any other person may act in the capacity of curator for the maintenance, care of, and protection of property belonging to, him or her. Section 154, Sub-section (2): If there is no curator or the curator cannot be ascertained under sub-section (1), the person under whose custody, supervision or oversight the person of unsound mind is living for the time being shall be the curator of such a person. Section 155: Mother to become curator of minor Section 155: Notwithstanding anything contained in Section 153, if the father of any minor below ten years of age has died or disappeared or become of unsound mind or is in abroad and the mother of such a minor is alive, she herself shall be the curator of that minor even though she has concluded another marriage. Section 156: Body corporate to become curator Section 156, Sub-section (1): If any person who has no guardian under Chapter-6 of this Part is under the supervision, protection or custody of a body corporate, such a body corporate shall be the curator of such a person. Section 156, Sub-section (2): If a body corporate referred to in sub-section (1) becomes a curator, the chief of such a body corporate shall exercise the authority of a curator. Section 157: Court may appoint curator Section 157, Sub-section (1): If any person has no guardian under Chapter-6 of this Part or no one acts as his or her curator, the concerned ward committee of the Local Level may file a petition, stating the details thereof, in the court for the appointment of a curator. Section 157, Sub-section (2): In filing a petition pursuant to sub-section (1), the concerned ward committee of the Local Level shall set out the names, surnames, addresses and professions of the potential persons who could be appointed as the curator and also submit, along with the petition, a deed of consent given by such potential persons to act as the curator. Section 157, Sub-section (3): If a petition is filed pursuant to sub-section (1), the court shall make an order to appoint any one appropriate person, out of the persons whose names are submitted pursuant to sub- section (2), as the curator. Section 158: Qualifications of curator Section 158: Any person other than a person who is disqualified for being a guardian pursuant to Section 141 may become a curator. Section 159: Curator to take custody of property Section 159, Sub-section (1): The curator shall take custody of, manage and operate, the property belonging to the person under his or her curatorship. National Civil Code 2074
National Civil Code 2074

Section 159, Sub-section (2): The curator shall arrange for the maintenance, education and medical treatment of the person under his or her curatorship, to the extent possible in view of his or her capacity, from the property taken into custody by him or her. Section 160: Power to use property Section 160: A person who becomes a curator may spend all the returns obtained from the property under his or her custody for the maintenance, health of the person under his or her curatorship and for the education of such a person, if he or she is a minor. Section 161: Power to spend immovable property with court's permission Section 161, Sub-section (1): If the movable property belonging to the person under his or her curatorship is insufficient to meet the expenses required for the maintenance, education or medical treatment of that person, the curator may file a petition, setting out the matter, in the court for permission to sell the immovable property or any part thereof for that purpose. Section 161, Sub-section (2): If, upon inquiring into a petition filed pursuant to sub- section (1), it considers the reason for selling such immovable property to be reasonable, the court may grant permission to so sell the immovable property or any part thereof as it considers appropriate. Section 162: Property to be taken care of and protected rationally and Section 162: carefully: (1) A curator shall look after of and protect the property belonging to a person under his or her curatorship rationally and carefully. Section 162, Sub-section (2): The concerned curator shall be liable for any kind of loss or damage to the property belonging to the person under his or her curatorship because of his or her failure to so look after and protect the property pursuant to sub-section (1). Provided that the curator shall not be liable for any loss or damage to such property due to a disaster. Section 162, Sub-section (3): If a complaint is filed with allegation that the curator has failed to look after of and protect the property pursuant to sub- section (1), the court may remove the concerned person from curatorship. Section 163: Transfer of title, ipso facto to be void Section 163: If a curator sells any immovable property belonging to the person under his or her curatorship to himself or herself or to any of his or her family members, with ulterior motive to disentitling such a person to that property or the title thereto happens to be transferred to him or her in any manner, such transfer of title shall, ipso facto, be void. National Civil Code 2074
National Civil Code 2074

Section 164: Curatorship to be terminated ipso facto Section 164, Sub-section (1): Curatorship shall be deemed to have been terminated ipso facto in any of the following circumstances: Section 164, Sub-section (1), Clause (a): In the case of a minor, if he or she attains eighteen years of age, Section 164, Sub-section (1), Clause (b): In the case of a person of unsound mind, if he or she becomes of sound mind, Section 164, Sub-section (1), Clause (c): If custody of the minor is taken by the mother or father or both, Section 164, Sub-section (1), Clause (d): If the guardian of a minor or person of unsound mind is appointed, Section 164, Sub-section (1), Clause (e): If the court removes a person from curatorship pursuant to sub-section (3) of Section 162, Section 164, Sub-section (1), Clause (f): If the curator has no qualification referred to in Section 158, Section 164, Sub-section (1), Clause (g): If the curator or the person under curatorship dies. Section 164, Sub-section (2): If curatorship is terminated pursuant to sub-section (1), the curator shall immediately return to the concerned person the property taken into custody in the capacity of curator. Section 165: Custody of property may be handed over Section 165, Sub-section (1): Notwithstanding anything contained elsewhere in this Chapter, if a person is unable to protect and manage the property under his or her title, ownership or possession on his or her own, for the reason that he or she has to go elsewhere by leaving the place where he or she resides, he or she may appoint any person as a curator to that end and hand over the custody of such property to that other person. Section 165, Sub-section (2): If the custody of property is handed over to any person pursuant to sub-section (1), the person taking the custody of such property shall protect and manage the property and return the property to the person handing over its custody as and when the handing over person so requires. Section 166: Requirement to certification by court Section 166: One who becomes a curator pursuant to Sections 153, 154 and 165 shall get that matter certified by the court. Section 167: Application of other provisions Section 167: The provisions contained in Sections 144, 145, 146, 147, 149, 150 and 151 shall also apply mutatis mutandis to the curator and the person under curatorship. Section 168: Statute of limitation Section 168: A person aggrieved from any act done or action taken under this Chapter may make a lawsuit within six months after the date of knowledge of such an act or action. Section 169: To be deemed adopted son or adopted daughter Section 169: If a person accepts a son or daughter of another person as his or her son or daughter, such a son or a daughter shall be deemed to be an adopted son or daughter. National Civil Code 2074
National Civil Code 2074

Section 170: Adoption to be effected in a manner to protect the best interests Section 170: of child: In effecting adoption pursuant to this Act, adoption shall be effected in a manner to protect the best rights and interests of the child. Section 171: Prohibition on adoption by person having child Section 171, Sub-section (1): No person having his or her own son shall adopt a son and no person having his or her own daughter shall adopt a daughter pursuant to this Chapter. Section 171, Sub-section (2): Notwithstanding anything contained in sub-section (1), if a son or daughter does not live with a man or woman who is living separately by the reason of judicial separation, such a man or a woman may adopt a son or a daughter. Explanation: For the purposes of this Chapter and Chapter-9 of this Part, the term "judicial separation" means a circumstance where a person obtains partition in property according to the order of the court or lives separately according to law or lives separately after separation of bread and board from other coparceners. Section 171, Sub-section (3): Notwithstanding anything contained in sub-section (1) or (2), if a person who has a biological son or daughter makes a petition in the concerned court for the adoption of another child, disclosing therein his or her financial capacity to make arrangements for the maintenance, health care, education and care of the child, and if, upon inquiring into such a petition, it appears that the petitioner has such status, the court may grant permission to him or her to adopt such child. Section 172: Adoption may be effected Section 172, Sub-section (1): The following person may effect adoption of a child: Section 172, Sub-section (1), Clause (a): A couple to whom no child has born even up to ten years of the marriage, Section 172, Sub-section (1), Clause (b): An unmarried woman having completed forty-five years of age, a widow, divorcee woman or judicially separated woman, having no son or daughter, Section 172, Sub-section (1), Clause (c): An unmarried man having completed forty-five years of age, a widower, divorcee or judicially separated man, having no son or daughter. Section 172, Sub-section (2): Notwithstanding anything contained in sub-section (1), the following person cannot effect adoption: Section 172, Sub-section (2), Clause (a): One who is of unsound mind, Section 172, Sub-section (2), Clause (b): One who is convicted by the court of a criminal offense involving moral turpitude, Section 172, Sub-section (2), Clause (c): One who does not have financial capacity to afford maintenance, health care, education, sports facility, entertainment and care of the minor. Section 172, Sub-section (3): In effecting adoption by the husband or wife living in a joint family pursuant to this Section, they shall obtain each other's consent. National Civil Code 2074
National Civil Code 2074

Section 173: Adoption not to be effected Section 173, Sub-section (1): No one shall effect adoption of any of the following persons: Section 173, Sub-section (1), Clause (a): One who has completed fourteen years of age, Section 173, Sub-section (1), Clause (b): One who is the only son or daughter, Provided that this provision shall not apply to the circumstance referred to in sub-section (3) of Section 175. Section 173, Sub-section (1), Clause (c): One who has been once adopted as a son or daughter, Provided that this provision shall not apply where the adoption is annulled according to law. Section 173, Sub-section (1), Clause (d): One who is in higher degree of relationship than the person adopting the son or daughter, Section 173, Sub-section (1), Clause (e): One who is not a citizen of Nepal. Provided that the provision of this clause shall not apply to a non-resident Nepali citizen who has obtained a foreign citizenship. Section 173, Sub-section (2): Notwithstanding anything contained in clause (a) of sub-section (1), if the person to be adopted is a person within the relation of three generations or a son or daughter born to the ex- husband of the wife, that person may be adopted even though he or she has completed fourteen years of age. Section 174: Difference of age between adopter and adoptee Section 174, Sub-section (1): The age difference between the adopter and the adoptee shall be at least twenty-five years. Section 174, Sub-section (2): Notwithstanding anything contained in sub-section (1), no age restriction shall apply to the adoption of a person within the relation of three generations. Section 175: Consent to be obtained for adoption Section 175, Sub-section (1): In effecting adoption of a child, the adopter shall obtain written consent of both father and mother of such a child, if both of them are surviving, and of the surviving father or mother, as the case may be, if either of them is surviving. Section 175, Sub-section (2): Notwithstanding anything contained in sub-section (1), if the father and mother are separated because of the dissolution of matrimonial relationship between the husband and wife or judicial separation, and a child living with such a father or mother according to the agreement made at the time of such dissolution or judicial separation is intended to be adopted, the adopter shall obtain consent of the person with whom, out of the father and the mother, the child has been living. Section 175, Sub-section (3): Notwithstanding anything contained in sub-section (1), adoption of a child whose father and mother are not traced or surviving or a child whose father and mother are surviving but who has been maintained or cared by a person or organization following the conclusion of another marriage either by his or her father or mother may be effected by obtaining written consent of the person or organization so maintaining or caring the child. National Civil Code 2074
National Civil Code 2074

Section 175, Sub-section (4): While adopting a child above ten years of age pursuant to sub-section (1), (2) or (3), written consent of such a child shall also be obtained. Section 175, Sub-section (5): Written consent referred to in sub-section (4) shall be executed by the concerned child in the presence of his or her father, mother or guardian or curator exercising the maternal and parental authority. Section 175, Sub-section (6): Before obtaining consent pursuant to this Section, information shall be given to the person putting a child up for adoption, guardian or curator and the child about, inter alia, the meaning, legal status and consequences of adoption. Section 175, Sub-section (7): No financial inducement of any type shall be made in obtaining consent pursuant to this Section and such consent requires to be given voluntarily. Section 176: Adoption deemed to have been effected by couple themselves Section 176: If adoption was effected by the husband or wife living under judicial separation and, subsequent thereto, the husband and wife have lived jointly, the adoption effected before living so jointly shall be deemed to have been effected by the couple. Section 177: Procedures for effecting adoption Section 177, Sub-section (1): If a person is desirous of adopting a child, he or she shall make a petition to the concerned court, along with a duly executed deed of adoption, in fulfillment of the legal requirements. Section 177, Sub-section (2): If, upon inquiring into the deed of adoption received pursuant to sub-section (1), the concerned district court finds that permission may be given to the petitioner for adoption, it shall issue an order granting permission for adoption and shall authenticate such deed. Section 177, Sub-section (3): If, upon making inquiry pursuant to sub-section (2), the court finds that permission cannot be given to the petitioner for adoption, it shall issue an order accordingly and give information thereof to the petitioner. Section 178: Entitlements and rights of adopted son or daughter Section 178, Sub-section (1): The entitlements, rights, obligations and responsibilities of an adopted son or daughter shall be the same as that of a biological son or daughter of the adoptive person. Section 178, Sub-section (2): Even if a son or daughter is born to a person who has already adopted a person, the equal status of such adopted son or adopted daughter to that of biological son or daughter shall not be prejudiced thereby. Section 179: Surname of adopted son or daughter Section 179: An adopted son or daughter may use the surname of either or both of the adoptive father and mother. Provided that- Section 179, Sub-section (1): If an adopted son or daughter so desires, he or she may use also the surname of his or her biological father or mother. Section 179, Sub-section (2): If the adoption is annulled, his or her surname shall be that of his or her biological father or mother. National Civil Code 2074