chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 426, Sub-section (2): If the procedure referred to in sub-section (1) is fulfilled while purchasing or otherwise obtaining an immovable property in the name of a corporate body, the property may be purchased or obtained in the name of such a body. Section 427: Property may be purchased or obtained by other person on Section 427: one’s behalf: If, except the circumstance set forth in Section 426, a person who purchases or obtains a property in accordance with this Chapter is, for any reason, unable to appear in person before the concerned office and gives a power of attorney, accompanied by his or her citizenship certificate, to a person who is competent to be an attorney by law in relation to the purchase or obtainment of the property, such an attorney may purchase or obtain the property in the name of that person. Section 428: Property may be purchased or obtained in the name of Section 428: incompetent or quasi-competent person: A guardian or curator may acquire any property by way of donation, gift, purchase or otherwise for incompetent, quasi competent minor or a guardian or member of undivided family for the baby in the womb under his or her guardianship or curatorship. Section 429: Registration and deregistration of property right in which is Section 429: transferred in testament: (1) If a person transfers his or her right in a property to another person with testamentary effect and such transferor of property dies, one who obtains the property shall submit an application, accompanied by the death registration certificate as well as other evidences, to the concerned office for the transmission of the property to him or her, within six months after the date of the transferor’s death. Section 429, Sub-section (2): If an application is submitted pursuant to sub-section Section 429, Sub-section (1): , the concerned office shall examine the deed maintained in it and make necessary inquiry as to whether the deed executor has died or not and the deed is void or not. Section 429, Sub-section (3): If, upon an inquiry made pursuant to sub-section (2), it appears that the transferor of the property has died and has not got the deed voided, such property shall be transmitted to the applicant. Section 429, Sub-section (4): If any person submits an application to the office for the transmission after the expiration of the time-limit referred to in sub-section (1), the office shall transmit such property to the applicant in accordance with such a deed, by collecting the fees by five hundred rupees for each year after the expiration of the time- limit. Section 430: Not to claim for damage, destroy or low quality Section 430: A person who has once purchased a property from another person shall not be entitled to make a claim that such property is damaged, destroyed or of low quality. National Civil Code 2074
National Civil Code 2074

Provided that if the seller has sold the property by misrepresentation or with deviation from the particulars set forth in the deed, the purchaser shall be entitled to compensation for the same. Section 431: Property may be exchanged Section 431, Sub-section (1): Any person may exchange his or her property with another person with or without adding any amount. Section 431, Sub-section (2): A deed shall be executed in accordance with law in exchanging a property pursuant to this Act. Section 432: Restriction on transfer of immovable property to foreigner Section 432, Sub-section (1):  No person shall, without obtaining prior permission of the Government of Nepal, transfer any immovable property to a foreigner but for the person who has acquired the non-resident citizenship of Nepal, it will be according to prevailing law. Section 432, Sub-section (2): If any person transfers any immovable property to a foreigner in contravention of sub-section (1), the relevant deed shall ipso facto be void, and such property shall devolve on the Government of Nepal. Section 432, Sub-section (3): The amount invested by the creditor in the obtainment of an immovable property pursuant to sub-section (1) shall be equivalent to an unsecured bond (Kapali). Section 433: Foreigner to transfer partition share or inheritance, if any Section 433: obtained: (1) If any foreigner obtains a partition share in or succeeds to any immovable property in Nepal, the property shall not be eligible to be transferred to or registered in his or her name nor shall he or she be entitled to enjoy the income of that property, except where so permitted by the Government of Nepal. Provided that this provision shall not apply to a person who has obtained non-resident Nepali citizenship. Section 433, Sub-section (2): Any foreigner who obtains any partition share or succession pursuant to sub-section (1) shall transfer such property to a citizen of Nepal in any manner, and the concerned office shall, for that purpose, issue a provisional landownership registration certificate valid for the day of transfer of right. Section 433, Sub-section (3): If the foreigner fails to transfer a partition share or succession obtained in his or her name pursuant to sub-section (1) to a citizen of Nepal pursuant to sub-section (2) at any time, in the case of the partition share, and within three years of its obtainment, in the case of succession, the Government of Nepal shall have right in such property after the expiration of that time-limit. Section 434: Statute of limitation Section 434: A lawsuit may be made within the statute of limitation, if any, specified separately in this Chapter, at any time in the case of Section 432, and, in relation to the other cases, within six months after the date of knowledge of any act done or action taken pursuant to this Chapter, by a person who is aggrieved from such act or an action. National Civil Code 2074
National Civil Code 2074

Section 435: Property deemed to be mortgaged Section 435, Sub-section (1): If a debtor gives the whole or any portion of an immovable property in which the debtor has right, ownership or possession to a creditor in consideration for a loan which the debtor borrows from the creditor, entitling the creditor to possess that property with effect from the date of execution of the deed or after a certain period, such property shall be deemed to have been given in mortgage. Section 435, Sub-section (2): If the deed provides that the creditor is entitled to possess the property mortgaged pursuant to sub-section (1) with immediate effect at the time of lending or after a certain period, such a mortgage shall be deemed to be a mortgage with possession (Bhogbandaki), and if the deed provides that the creditor is entitled to possess the property in the event of the debtor’s default on repayment of the loan within the deadline set by the creditor and the debtor for repayment, such a mortgage shall be deemed to be a mortgage without possession (Drishtibandhaki). Section 435, Sub-section (3): A property to be mortgaged shall be of such nature as may be capable of being enjoyed by the mortgagee. Section 435, Sub-section (4): A person shall not mortgage a property in which he or she has not right, ownership or possession or which he or she will acquire in the future. Section 436: Deed to be executed Section 436, Sub-section (1): A deed shall be executed in accordance with law for mortgaging any property pursuant to this Chapter. Section 436, Sub-section (2): A person executing the deed of mortgage shall be competent in accordance with law. Section 437: Mortgaged property to be possessed and enjoyed Section 437, Sub-section (1): The creditor shall possess and enjoy the property in mortgage with possession from the date of execution of the deed thereon or from a particular date, if any, specified in the deed, and the property in mortgage without possession within two years of the expiration of the date for repayment of loan by the debtor. Section 437, Sub-section (2): If, for any reason, the creditor is not able to possess and enjoy such property within the period referred to in sub-section Section 437, Sub-section (1): or if the debtor does not allow, by any means, the creditor to possess and enjoy it, the creditor may make a lawsuit in accordance with law for effecting the possession and enjoyment of such property. Section 437, Sub-section (3): If the creditor fails to possess and enjoy the property pursuant to sub-section (1) or to make a lawsuit for effecting its possession and enjoyment pursuant to sub-section (2), such a mortgage shall ipso facto be inoperative. Section 437, Sub-section (4): If the deed of a mortgage becomes inoperative pursuant to sub-section (3), the deed shall be equivalent to an unsecured bond (Kapali). National Civil Code 2074
National Civil Code 2074

Section 438: Possessory right in mortgaged property to be deemed Section 438: transferred: If any person mortgages any property, the possessory right in such property shall be deemed to have been transferred to the creditor from the date of its possession and enjoyment by the creditor. Section 439: Entitlement to possess as if it belonged to oneself Section 439, Sub-section (1): The creditor shall be entitled to possess and enjoy the property mortgaged to him or her and fruit, benefit and facility brought out from such property as if the same were his or her own property. Section 439, Sub-section (2): If the creditor is not able to possess and enjoy the property mortgaged to him or her because of its incapability of being transferred or of any hindrance or obstruction by the debtor, the debtor shall pay a reasonable compensation to the creditor for the same. Section 440: Duty to take reasonable care of (herbichar) mortgaged Section 440: property: (1) After acquiring possessory right in the mortgaged property, the creditor shall take a reasonable care and protection of that property as if it were his or her own. Section 440, Sub-section (2): The creditor himself or herself shall pay the tax or charge, if any, payable by law for the possession and enjoyment of the mortgaged property. Provided that the debtor shall pay the land revenue payable by law. Section 440, Sub-section (3): If the creditor is not able to possess and enjoy the mortgaged property because of any hindrance or obstruction by any person other than the debtor, the creditor may make a lawsuit in accordance with law for its possession and enjoyment. Section 441: Interest, charge or fee not to be collected Section 441, Sub-section (1): Notwithstanding anything contained elsewhere in this Act, no creditor who has lent money against the security of mortgage with possession in a property shall collect any kind of interest, charge or fee in consideration of such loan from the debtor. Section 441, Sub-section (2): After the creditor has acquired possession in the property of mortgage without possession, the creditor shall not collect any kind of interest, charge or fee in consideration for such loan. Section 442: Period for possession and enjoyment of property in mortgage Section 442: with possession: (1) Except as otherwise provided in the deed of mortgage, no property in mortgage with possession may be possessed and enjoyed for a period exceeding ten years. Section 442, Sub-section (2): If the property in mortgage with possession is not redeemed within the period referred to in sub-section (1), the deed of mortgage shall be equivalent to an unsecured bond. Section 443: Maximum period of mortgage without possession Section 443, Sub-section (1): No period of a mortgage without possession in a property shall exceed five years. National Civil Code 2074
National Civil Code 2074

Section 443, Sub-section (2): No creditor is entitled to take action for effecting possession in the property in mortgage without possession or having recovery of the related loan from the debtor prior to the completion of the period referred to in sub-section (1). Section 443, Sub-section (3): After the expiry of the period referred to in sub-section Section 443, Sub-section (1): , the property may be possessed for a period not exceeding ten years. Section 443, Sub-section (4): If the property given in mortgage without possession is not redeemed within the period of ten years after the possession pursuant to sub-section (3), the relevant deed shall be equivalent to an unsecured bond. Section 444: Redemption of mortgaged property at any time Section 444: The debtor may, at any time, redeem his or her property from the creditor by repaying the loan, in the case of a property given in mortgage with possession, and also the interest, if any, payable on the loan, in the case of a property given in mortgage without possession, to the creditor. Section 444, Sub-section (2): Notwithstanding anything contained in sub-section (1), if the property in mortgage is a cultivable land and the creditor has already planted crops in such a land at the time of redemption, the creditor shall be entitled to possess and enjoy such crops except as otherwise agreed upon between the creditor and the debtor. Section 445: Property in mortgage may be remortgaged Section 445, Sub-section (1): A person who has obtained a property in mortgage shall be entitled to remortgage such property or any part thereof to another person in consideration for an amount which is equal to, or lesser than, the amount specified in the deed of mortgage, and in such a case, a re-mortgage is deemed to have been created. Provided that a mortgaged property shall not be the object of re-mortgage prior to the existence of the possessory right in such property. Section 445, Sub-section (2): The period of possession and enjoyment of the re- mortgage given pursuant to sub-section (1) shall not exceed the period of possession and enjoyment under the mortgage. Section 445, Sub-section (3): If the debtor who has right and ownership in the property intends to redeem the property re-mortgaged pursuant to sub-section (1), the debtor may redeem the property upon payment of the price directly from the re-mortgagee if the price of the re- mortgage is equal to the original price and through the original mortgagee if such price is less than the original price. Section 445, Sub-section (4): Notwithstanding anything contained elsewhere in this Section, the transaction of remortgage made inconsistent with the terms of the mortgage shall ipso facto be void to the extent of such inconsistency. Section 445, Sub-section (5): If the creditor is not entitled to possess the property re- mortgaged pursuant to this Chapter, the deed of such a re-mortgage shall be equivalent to an unsecured bond (Kapali). National Civil Code 2074
National Civil Code 2074

Section 446: Fruits or benefits of property may be mortgaged Section 446: Notwithstanding anything contained in Section 445, a creditor who has obtained a property in mortgage may, instead of remortgaging the whole property, remortgage only the fruits, benefit or facility of such property, or, if such property is a cultivable land, only the crops, products, trees, bamboo trees, reaped or to be reaped fruits, vegetables, flowers or any other kinds of products to be yielded from such land. Section 447: Mortgaging by third party on behalf of debtor Section 447, Sub-section (1): A third person may, in consideration for a loan borrowed by a debtor, mortgage a property in which the third person has right and ownership to the creditor on behalf of the debtor. Section 447, Sub-section (2): The creditor shall, pursuant to this Chapter, be entitled to possess and enjoy the property mortgaged pursuant to sub- section (1) as if it were the property mortgaged by the debtor to the creditor. Section 447, Sub-section (3): If a property is mortgaged by a third person pursuant to sub-section (1), the relationship between the debtor and the third person shall be governed by the deed of mortgage or other separate contract, and in the default of such provision, such transaction shall be equivalent to an unsecured bond (Kapali). Section 448: Property in mortgage to be indivisible Section 448, Sub-section (1): A property mortgaged by a debtor to a creditor shall remain indivisible notwithstanding the creation of more than one creditor by virtue of the partition or succession between the creditor’s coparceners or the division between creditor’s partners, and the debtor shall not be entitled to redeem the whole or any portion of the mortgaged property until the loan borrowed by him or her is repaid in full in accordance with the deed of mortgage. Section 448, Sub-section (2): If more than one debtor are maintained by virtue of the partition, succession between the debtor’s coparceners or division between the debtor’s partners, the mortgaged property shall not be liable to redemption until each debtor repays his or her respective portion of the loan in full. Section 449: Creditor to be liable for loss and damage to property in Section 449: mortgage: (1) After the creation of the creditor’s possessory right in the property in mortgage, the creditor shall be liable for any kind of loss or damage, if any, caused to the property in mortgage. Section 449, Sub-section (2): In the event of any loss or damage to the property in mortgage pursuant to sub-section (1), the creditor shall so repair such property, at his or her cost, as to restore it into its original form. Section 449, Sub-section (3): Notwithstanding anything contained in sub-section (1), the creditor shall not be liable for any loss or damage to the property in mortgage caused by a disaster, and the creditor shall repair such loss or damage with the debtor's consent in writing. National Civil Code 2074
National Civil Code 2074

Section 449, Sub-section (4): The debtor shall, while redeeming the property in mortgage, pay also the expenses incurred in the maintenance under sub-section (3), in addition to the loan borrowed from the creditor. Section 450: Not to create trouble on property in mortgage Section 450: After the creation of the possessory right in the property in mortgage, the creditor shall not so trouble the debtor stating that such property is inappropriate or inaccurate or less as to be inconsistent with the terms of the deed. Provided that nothing shall bar the making of a claim for the repayment of a loan in accordance with the deed of mortgage if the creditor is not entitled to possess the property in mortgage for any reason or if the property is held to be defective for any reason. Section 451: Mortgage not to be made to foreigner Section 451: No person may mortgage an immovable property to a foreign person other than a person having obtained the non-resident Nepali citizenship, without prior approval of the Government of Nepal. Section 452: Not to be mortgaged or transferred in duplication Section 452, Sub-section (1): No property once mortgaged may be mortgaged or transferred again, in duplication, to other person. Section 452, Sub-section (2): If a person mortgages a property in duplication in contravention of sub-section (1), the deed registered at an earlier date shall be valid and the subsequent deed shall ipso facto be void. Section 452, Sub-section (3): If a deed becomes void pursuant to sub-section (2), the amount of a creditor who knowingly executes the deed in duplication shall lapse, and that of a creditor who executes it without knowledge of duplication shall be equivalent to an unsecured bond (Kapali). Section 452, Sub-section (4): Notwithstanding anything contained in sub-section (1), in the event of the execution of deeds in duplication, and the first deed providing for any kind of mortgage and the second deed providing for the transfer of title, the transferee shall be entitled to establish the title by making repayment of loan in accordance with the first deed of mortgage. Section 452, Sub-section (5): One who executes a deed in duplication as mentioned in this Section shall be liable to the punishment with a fine of a sum that is equal to the amount in controversy, if any, indicated in the second deed, to the amount indicated in the earlier deed, if such amount in controversy is not indicated in the second deed, and a sum not exceeding twenty-five thousand rupees if no such amount is indicated even in the earlier deed. Provided that a fine in excess of one hundred thousand rupees shall not be imposed irrespective of the sum of amount in controversy. National Civil Code 2074
National Civil Code 2074

Section 452, Sub-section (6): Notwithstanding anything contained elsewhere in this Section, in the event of the execution of the deed of mortgage in duplication, possessory right shall be established within two years from the date of the first deed if it provides for mortgage with possession (Bhogbhandhaki) and within two years from the date of entitlement to the possessory right if the first deed provides for mortgage without possessory right (Drishtibandhaki). Section 452, Sub-section (7): In the event of a failure to establish the possessory right pursuant to sub-section (6), the creditor's amount shall be equivalent to an unsecured bond (Kapali). Section 453: Statute of limitation Section 453: A lawsuit may be made within the statute of limitation, if any, specified separately in this Chapter, and, in relation to the other cases, within a period of one year after the date on which any act was done or action was taken pursuant to this Chapter, by a person who is aggrieved from such an act or action. Section 454: Pre-emption deemed to be made Section 454: If a person transfers, in any manner, any immovable property in which that person has right, ownership and possession to another person and anyone who is in neighbor of such property redeems it in accordance with this Chapter, pre-emption shall be deemed to be made. Explanation: For the purposes of this Chapter, the term “in neighbor of" includes a situation where a ditch, water supply, passage, exit etc. for one will be closed by the reason that one does not have other’s house or land that is bordering one’s house or land and has been transferred. Section 455: Entitlement of heir to pre-emption Section 455, Sub-section (1): If a person sells his or her immovable property, the heir in neighbor of such property may pre- empt such property upon payment of the amount paid by the buyer of that property as well as the fees incurred in course of approval of deed to the buyer. Section 455, Sub-section (2): If there are more than one heir who intend to make pre- emption pursuant to sub-section (1), the nearest heir, and, if such heirs are also more than one, the heir who is the most immediate neighbor, and, if even such heirs are more than one, all the heirs may pre-empt such property in equal proportion. Section 455, Sub-section (3): If the nearest heir does not pre-empt such property pursuant to sub-section (2), the heir who is the nearest in the order of preference may pre-empt such property. Section 456: Pre-emption by tenant Section 456: If there is no heir in neighbor of the property pursuant to Section 455 or even if there is an heir, he or she does not intend to make pre-emption and if there is a tenant in accordance with law in such a property, the tenant may pre-empt such property. National Civil Code 2074