yamraj047/nepali-legal-rag-data huggingface dataset:
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 442: Period for possession and enjoyment of property in mortgage
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.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 442: Period for possession and enjoyment of property in mortgage
Subsection (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.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 443: Maximum period of mortgage without possession:
(1) No period of a mortgage without possession in a property shall exceed five years.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 443: Maximum period of mortgage without possession:
Subsection (2)
(1) No period 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).
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 443: Maximum period of mortgage without possession:
Subsection (3)
(1) No period After the expiry of the period referred to in sub-section
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 443: Maximum period of mortgage without possession:
Subsection (1)
(1) No period , the property may be possessed for a period not exceeding ten years.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 443: Maximum period of mortgage without possession:
Subsection (4)
(1) No period If the property given in mortgage without possession is not redeemed within the period of ten years after the possession 242 pursuant to sub-section (3), the relevant deed shall be equivalent to an unsecured bond.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 444: Redemption of mortgaged property at any time: 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.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 444: Redemption of mortgaged property at any time: The debtor may,
Subsection (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.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 445: Property in mortgage may be remortgaged:
(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.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 445: Property in mortgage may be remortgaged:
Subsection (2)
(1) A person who The period of possession and enjoyment of the remortgage given pursuant to sub-section (1) shall not exceed the period of possession and enjoyment under the mortgage. 243
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 445: Property in mortgage may be remortgaged:
Subsection (3)
(1) A person who 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 remortgage is equal to the original price and through the original mortgagee if such price is less than the original price.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 445: Property in mortgage may be remortgaged:
Subsection (4)
(1) A person who 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.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 445: Property in mortgage may be remortgaged:
Subsection (5)
(1) A person who If the creditor is not entitled to possess the property remortgaged pursuant to this Chapter, the deed of such a re-mortgage shall be equivalent to an unsecured bond (Kapali).
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 446: Fruits
or benefits of property may be mortgaged: 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.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 447: Mortgaging by third party on behalf of debtor:
(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. 244
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 447: Mortgaging by third party on behalf of debtor:
Subsection (2)
(1) A third The creditor shall, pursuant to this Chapter, be entitled to possess and enjoy the property mortgaged pursuant to subsection (1) as if it were the property mortgaged by the debtor to the creditor.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 447: Mortgaging by third party on behalf of debtor:
Subsection (3)
(1) A third 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).
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 448: Property in mortgage to be indivisible:
(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.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 448: Property in mortgage to be indivisible:
Subsection (2)
(1) A property mortgaged 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.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 449: Creditor to be liable for loss and damage to property in
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. 245
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 449: Creditor to be liable for loss and damage to property in
Subsection (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.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 449: Creditor to be liable for loss and damage to property in
Subsection (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 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 449: Creditor to be liable for loss and damage to property in
Subsection (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.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 450: Not to create trouble on property in mortgage: 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.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 451: Mortgage not to be made to foreigner: 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.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 452: Not to be mortgaged or transferred in duplication:
(1) No property once mortgaged may be mortgaged or transferred again, in duplication, to other person. 246
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 452: Not to be mortgaged or transferred in duplication:
Subsection (2)
(1) No 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.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 452: Not to be mortgaged or transferred in duplication:
Subsection (3)
(1) No 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).
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 452: Not to be mortgaged or transferred in duplication:
Subsection (4)
(1) No 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.
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 452: Not to be mortgaged or transferred in duplication:
Subsection (5)
(1) No 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 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 452: Not to be mortgaged or transferred in duplication:
Subsection (6)
(1) No Notwithstanding anything contained elsewhere in this Section, in the event of the execution of the deed of mortgage in 247 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).
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 452: Not to be mortgaged or transferred in duplication:
Subsection (7)
(1) No 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).
National Civil Code 2017
Part-4
Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 453: Statute of limitation: 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. 248
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 454: Pre-emption deemed to be made: 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.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 455: Entitlement of heir to pre-emption:
(1) If a person sells his or her immovable property, the heir in neighbor of such property may preempt 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.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 455: Entitlement of heir to pre-emption:
Subsection (2)
(1) If a person sells his or her If there are more than one heir who intend to make preemption 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.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 455: Entitlement of heir to pre-emption:
Subsection (3)
(1) If a person sells his or her 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. 249
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 456: Pre-emption by tenant: 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 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 457: Pre-emption of sold house:
(1) If there are different owners of the different parts of the same house and the owner of a part sells his or her part to another person, the owner of another part may, if he or she intends to pre-empt that part, preempt such a part of the house by paying the amount paid by the buyer and the fee incurred in the registration of the deed to the buyer.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 457: Pre-emption of sold house:
Subsection (2)
(1) If there are different owners of the In making pre-emption pursuant to sub-section (1), the following person shall get preference as follows: (a) If the owner of the other part is the heir, such an  heir, and if there are more than one heir, the nearest heir, (b) If the owner of the other part is a person other than the heir, the owner in neighbor of or the owner of the part adjoining such a part.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 458: Pre-emption of house donated or gifted:
(1) Notwithstanding anything contained in Section 455,456 or 457, if any person relinquishes in any manner his or her right in and donates or gifts the half part of the same house or any portion thereof or the land occupied by or appurtenant to the house and the donee has transferred the right in the house or land in any manner to another person, the donor or his or her heir residing in the same place may, 250 if he or she so intends, pre-empt such a house or any portion thereof or the land occupied by or appurtenant to the house.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 458: Pre-emption of house donated or gifted:
Subsection (2)
(1) Notwithstanding Notwithstanding anything contained in sub-section (1), if a person gets a donation or gift of the half part or any portion of the same house or the land occupied by or appurtenant to the house from a donor and the donor donates or gifts the remaining part of such a house or land to another person, the former donee or giftee or his or her heir may pre-empt such remaining part or portion.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 458: Pre-emption of house donated or gifted:
Subsection (3)
(1) Notwithstanding In making pre-emption pursuant to sub-section (1) or
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 458: Pre-emption of house donated or gifted:
Subsection (2)
(1) Notwithstanding , the figure of price, if any, indicated in the instrument of donation or gift, and amount equal to the prevailing market price, if such figure is not so indicated, and the fees incurred in the registration of the deed shall be paid to the creditor.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 458: Pre-emption of house donated or gifted:
Subsection (4)
(1) Notwithstanding If, there are more than one heir intending to make preemption pursuant to sub-section (1) or (2), the nearest heir, and the most aggrieved heir, if even the nearest heirs are more than one, may make pre-emption.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 459: Where pre-emption is not permitted: Notwithstanding anything
contained in Sections 457 and 458, any part of or house built under the provision of joint housing shall not be subject to pre-emption.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 460: Procedures for making pre-emption:
(1) A person who intends to make pre-emption of any immovable property pursuant to this Chapter shall make a petition to the office making registration of the relevant deed, and such a petition has to be accompanied by a deposit of an amount equal to the price of the property to be preempted, if any, indicated in the deed registered for the transfer of 251 such property, or an amount equal to the prevailing market price if such price is not indicated in the deed, and the fees charged in the approval of registration of such a deed.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 460: Procedures for making pre-emption:
Subsection (2)
(1) A person who intends to If a petition is received pursuant to sub-section (1), the office that approves the registration of the deed shall hold the petitioner on recognizance and send a process of summon to the person obliged to allow preemption to appear in the office, within a period of seven days excluding the time required for journey.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 460: Procedures for making pre-emption:
Subsection (3)
(1) A person who intends to If the person obliged to allow preemption appears and consents to preemption within the time limit as referred to in subsection (2), the office that approves the registration of the deed shall effect preemption by paying to him or her the amount deposited pursuant to sub-section (1).
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 460: Procedures for making pre-emption:
Subsection (4)
(1) A person who intends to If, despite that the person obliged to allow preemption does not appear and consent to preemption within the time-limit referred to in sub-section (2), it appears from the received petition, registered deed and records of the office that pre-emption is to be effected, the office that approves registration of the deed shall make decision to effect pre-emption, and if it appears that pre-emption is not to be made, that office shall make decision not to effect preemption and give according information to the petitioner.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 460: Procedures for making pre-emption:
Subsection (5)
(1) A person who intends to If the person obliged to allow pre-emption does not appear within the time limit referred to in sub-section (2), and, after the expiration of the time limit, if it appears from the received petition, registered deed and records of the office that pre-emption is to be effected, the office shall make decision to effect preemption and give an execution slip to the person entitled to pre- 252 emption to enjoy the property to be pre-empted, and send a notice to the person obliged to allow preemption to receive the amount of deposit made pursuant to sub-section (1).
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 460: Procedures for making pre-emption:
Subsection (6)
(1) A person who intends to If the person obliged to allow pre-emption appears within the time-limit referred to in sub-section (2) but expresses his or her disagreement with the market price of such property, the office that approves the registration of the deed shall fix the market price of that property and effect pre-emption by having the amount equal to that market price paid to the person obliged to allow preemption.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 460: Procedures for making pre-emption:
Subsection (7)
(1) A person who intends to If any party does not agree to the market price of the property subject to pre-emption fixed pursuant to sub-section (6) or if the person obliged to allow preemption appears within the time limit and shows the reason why pre-emption is not to be made, and it is necessary to decide it upon examination of evidence on the matter, the office that approves the registration of the deed shall inform that the concerned person may make a lawsuit in the court within thirty-five days; and in such a case, action shall be taken pursuant to a decision of the court if a lawsuit has been filed within the time-limit, and pursuant to a decision of the office if no such a lawsuit has been filed.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 460: Procedures for making pre-emption:
Subsection (8)
(1) A person who intends to In returning the amount to the petitioner on holding that pre-emption cannot be made pursuant to sub-section (4), two and half percent of the amount deposited pursuant to sub-section (1) shall be deducted.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 460: Procedures for making pre-emption:
Subsection (9)
(1) A person who intends to If the person who has petitioned for pre-emption does not subsequently intend, for any reason, to make pre-emption or 253 fails to appear at the appointed dates, the office shall punish that person with a fine of three percent of the amount of deposit furnished by him or her and the amount that remains after deducting that fine from the amount of deposit shall be returned to him or her.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 461: To update records upon pre-emption: If it is held by the
concerned office or court that pre-emption can be made pursuant to this Chapter, the office shall make entries into and update accordingly the records of the pre-empted property maintained in such an office.
National Civil Code 2017
Part-4
Chapter-13: Provisions Relating to Pre-emption of Immovable Property
Section 462: Statute of limitation: A person who is aggrieved from any act
done or action taken pursuant to this Chapter may file a lawsuit within thirty-five days after the date of knowledge thereof not later than six months after the date of registration of the deed. Provided that a tenant may file a lawsuit within thirty-five days after the date of expiration of the date within which the landowner may make pre-emption. 254
National Civil Code 2017
Part-4
Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 463: Deed deemed to be registered: If any deed submitted by a person
to the concerned office for approval pursuant to this Chapter is approved by such an office, such a deed shall be deemed to be registered. Explanation: For the purposes of this Chapter, the term “concerned office” means such an office as may be designated by the Government of Nepal, by a notification in the Nepal Gazette, and includes the concerned Land Revenue Office until the office is so designated.
National Civil Code 2017
Part-4
Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 464: Deeds to be registered:
(1) In making any of the following deeds, such a deed shall be got registered with the concerned office: (a) A deed transferring the right in an immovable property in any manner, (b) A deed of mortgage with possession, mortgage without possession or re-mortgage, (c) A deed on donation or gift of immovable property in testament, (d) A deed on exchange of immovable property, (e) A deed on partition or relinquishment of partition share of property in common, (f) A deed on separation of board and bread or unification of board and bread, (g) A deed on establishment of a trust, 255 (h) A deed on house renting with a monthly rent of more than one hundred thousand rupees, (i) A deed on usufruct in an immovable property, (j) Such other deed required to be registered pursuant to this Act or law.
National Civil Code 2017
Part-4
Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 464: Deeds to be registered:
Subsection (2)
(1) In making any of the following deeds, If any person fails to have registered a deed required to be registered pursuant to sub-section (1), such a deed shall not be legally recognized.
National Civil Code 2017
Part-4
Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 465: Other deeds may be registered:
(1) A person may, if he or she so intends, have registered also any deed other than that set forth in Section 464.
National Civil Code 2017
Part-4
Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 465: Other deeds may be registered:
Subsection (2)
(1) A person may, if he or she so If a person makes an application for the approval of registration of a deed pursuant to sub-section (1), the concerned office shall register such deed by fulfilling the legal requirements.
National Civil Code 2017
Part-4
Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 466: Deed may be registered by commission:
(1) If a person makes an application to the concerned office for the approval of registration of a deed by a commission deputed by the office and it appears that such a deed can be registered by that office, the chief of office or other employee deputed by him or her shall, on deposit with the office of the fees chargeable for such registration, visit the location indicated by the applicant within five days and register such a deed by fulfilling the legal requirements.
National Civil Code 2017
Part-4
Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 466: Deed may be registered by commission:
Subsection (2)
(1) If a person makes an If the deed is approved by a commission deputed pursuant to sub-section (1), the office shall credit into revenue the deposit made pursuant to that sub-section. 256
National Civil Code 2017
Part-4
Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 466: Deed may be registered by commission:
Subsection (3)
(1) If a person makes an If, for any reason, the deed is not approved and registered by a commission deputed pursuant to sub-section (1), the applicant shall get refund of the deposit within three months.
National Civil Code 2017
Part-4
Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 466: Deed may be registered by commission:
Subsection (4)
(1) If a person makes an If the applicant fails to get refund of the deposit within the time-limit referred to in sub-section (3), the office shall credit such deposit into revenue.
National Civil Code 2017
Part-4
Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 467: Deed may be approved and registered with office in other
district: (1) If the parties to a deed intend to get the deed approved and registered in a district other than the district in which either of them resides or the property is situated, they shall make an application, setting out the matter, to the concerned office of that district.
National Civil Code 2017
Part-4
Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 467: Deed may be approved and registered with office in other
Subsection (2)
If an application is made for the registration of a deed pursuant to sub-section (1), such an office shall make necessary inquiry into the matter and approve and register such deed by fulfilling the legal requirements.
National Civil Code 2017
Part-4
Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 467: Deed may be approved and registered with office in other
Subsection (3)
If a deed of immovable property is approved and registered in other district pursuant to sub-section (2), the office shall send a copy of the registered deed to the relevant office of the concerned district.
National Civil Code 2017
Part-4
Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 468: Fee chargeable for registration of deed:
(1) The fee specified by law shall be charged for the approval and registration of a deed.
National Civil Code 2017
Part-4
Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 468: Fee chargeable for registration of deed:
Subsection (2)
(1) The fee specified by Except where the law provides for the fee of approval and registration of a deed, fee shall be charged according to the amount set forth in the deed dealing with transaction of money. 257 Provided that if the price of the immovable property referred to in the deed is less than the minimum price specified by the Government of Nepal, the fee shall be charged according to the price specified by the Government of Nepal.
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Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 468: Fee chargeable for registration of deed:
Subsection (3)
(1) The fee specified by Notwithstanding anything contained in sub-section (1) or (2), in registering a deed in another district, there shall be charged an additional fee by ten percent of the fee set forth in that sub-section.
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Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 469: Obligation to pay fees:
(1) The following person shall pay the fee chargeable for the registration of the following deed: (a) In the case of a deed transferring a property or relating to mortgage, the transferee or mortgagee, (b) In the case of a deed on partition or relinquishment of partition share, separation of board and bread or unification of board and bread, all coparceners in equal portion, (c) In the case of a deed on exchange of property, both parties to the deed, (d) In the case of a deed of testamentary gift, the donor or testator, (e) In the case of a deed on house renting, the house lord, (f) In case of a memorandum of establishment of trust, founder of a trust, 258 (g) In the case of any other deed, both parties to the deed.
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Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 469: Obligation to pay fees:
Subsection (2)
(1) The following person shall pay the fee In registering the deed referred to in clause (e) of subsection (1), the fee shall be determined considering the amount of rent of the first month receivable for house rent as the price.
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Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 470: Provision relating to payment of amount: If any amount is to be
paid and received between the parties to a deed according to the deed intended to be approved and registered, such payment may be effected either in household or in presence of the concerned employee of the office or by a good for payment cheque.
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Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 471: Transmission and registration and de-registration to be made
Subsection (1)
If any transmission has to be effected in consequence of a deed registered, the concerned office shall execute transmission, and registration and deregistration of the matter on the day of registration of the deed, and on the following day if it is not possible to do so on that day.
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Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 471: Transmission and registration and de-registration to be made
Subsection (2)
If any transmission and registration and deregistration of the matter have to be made in the records of another office according to the deed registered by one office, the latter shall give a time-limit of thirty-five days to the transferee, thereby informing him or her to go to the concerned office for the transmission, and registration and deregistration of the matter, and send also the deed to the concerned office.
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Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 471: Transmission and registration and de-registration to be made
Subsection (3)
On receipt of a deed sent by another district for the transmission, and registration and deregistration of the matter pursuant to sub-section (2), the concerned office shall enter the 259 matter of such registration into its records and effect transmission and registration and deregistration of the matter according to the deed.
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Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 472: Deed registered at earlier date to be valid: In the event of
approval and registration of more than one deed in relation to the same matter, the deed approved and registered on the earlier date shall be valid.
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Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 473: Statute of limitation:
(1) A person who is aggrieved from any act done or action taken pursuant to this Chapter may make a lawsuit within six months after the date on which such an act was done or action was taken.
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Chapter-14: Provisions Relating to Approval of Registration of Deeds
Section 473: Statute of limitation:
Subsection (2)
(1) A person who is aggrieved from any act Notwithstanding anything contained in sub-section (1), if a deed is approved and registered by an office of another area, a lawsuit may be made within one year after the date of receipt by the concerned office of a copy of such a deed. 260
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Chapter-15: Provisions Relating to Transactions
Section 474: Transaction deemed to be made:
(1) If there is give-and-take of any amount or goods between two or more persons subject to any condition, transaction shall be deemed to have been made between them.
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Chapter-15: Provisions Relating to Transactions
Section 474: Transaction deemed to be made:
Subsection (2)
(1) If there is give-and-take of If a transaction is made pursuant to sub-section (1), the receiver of amount or goods shall return the same to the giver of amount or goods. Explanation: For the purposes of this Chapter, the term “amount” includes the price of a goods.
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Section 475: Loan deemed to be borrowed: If a person has an obligation to pay
any amount or goods to another person in any manner, such obligation shall be deemed to be a loan borrowed by that person, and such a person shall return such amount or goods to the concerned person, subject to the provisions of this Chapter.
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Chapter-15: Provisions Relating to Transactions
Section 476: Transaction not to be carried on without executing deed: No
person shall carry on transaction without executing a deed in accordance with law. Explanation: For the purposes of this Chapter, the term “deed” means any document that substantiates a transaction including a cheque, bill, voucher and receipt.
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Section 477: Matters to be set out in deed: In carrying on a transaction, the
following matters shall be set out in the deed according to the nature of transaction: 261 (a) Name, surname, age and address of each person involved in transaction, and name of his or her father, mother, grand-father and grand-mother, Provided that in the case of a married person, the name of his or her husband or wife, as the case may be, shall also be mentioned. (b) Reason for transaction, (c) Volume of transaction, (d) In the case of transaction of any good, price of such goods, (e) In the case of exchange of any goods by way of borrowing, loan or otherwise, the matter to that effect, (f) Details of the goods, if any, exchanged, (g) Date for repayment of the transacted amount, (h) Rate of interest, if any, payable on the transaction, (i) Matter that the creditor may recover the amount involved in the transaction from the borrower's assets in the event of failure to repay such amount within the specified time or to fulfill the other conditions set forth in the deed, (j) Place of the deed executed, (k) Date of the deed executed, (l) Such other matters as required to be set out according to the nature of transaction. 262
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Section 478: Entitlement of creditor to interest from debtor:
(1) If a deed on transaction provides for the payment of interest, the creditor may collect the interest from the debtor as set forth in the deed.
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Section 478: Entitlement of creditor to interest from debtor:
Subsection (2)
(1) If a deed on The amount of interest which the creditor is entitled to collect from the debtor pursuant to sub-section (1) shall not exceed ten percent of the principal per annum.
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Chapter-15: Provisions Relating to Transactions
Section 478: Entitlement of creditor to interest from debtor:
Subsection (3)
(1) If a deed on If the deed executed pursuant to sub-section (1) does not provide for the rate of interest but only for the payment of interest, the creditor may collect interest from the debtor at the rate of ten percent of the principal per annum.
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Chapter-15: Provisions Relating to Transactions
Section 478: Entitlement of creditor to interest from debtor:
Subsection (4)
(1) If a deed on If the deed executed pursuant to sub-section (1) provides for the payment of profit instead of interest but does not specify the amount of such profit, the creditor may collect such profit from the debtor as if it were interest.
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Chapter-15: Provisions Relating to Transactions
Section 479: Creditor not allowed to collect interest from debtor: If the deed
on transaction does not provide for the payment of interest, the creditor shall not collect interest from the debtor.
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Chapter-15: Provisions Relating to Transactions
Section 480: Compound interest not to be collected:
(1) The creditor shall not collect compound interest from the debtor.
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Chapter-15: Provisions Relating to Transactions
Section 480: Compound interest not to be collected:
Subsection (2)
(1) The creditor shall not If any creditor collects compound interest from a debtor in contravention of sub-section (1), such interest shall be deducted from the principal and refunded if the principal has already been repaid.
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Section 481: Interest
in excess of principal not to be collected: Notwithstanding anything contained elsewhere in this Chapter, the creditor shall not collect interest in excess of the principal. 263
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Section 482: Procedures to be fulfilled in paying and collecting principal and
interest: The following procedures shall be fulfilled in paying and collecting interest: (a) If the debtor repays the whole of the principal and interest, the creditor shall sign and return the deed on transaction to the debtor by tearing out the deed or indicating on its space or reverse side that the loan has been repaid, (b) If the deed is not found at the time of repayment of the principal and interest pursuant to clause (a), the creditor shall give the debtor a receipt indicating the receipt of the particular amount on the particular date, (c) In repaying some amount out of the principal and interest, the creditor shall indicate on the reverse side of the deed how much he or she has received from the debtor on which date, and get the debtor to sign the deed and issue a separate receipt of amount accordingly if the deed is not found immediately or it is not with the creditor for the time being.
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Chapter-15: Provisions Relating to Transactions
Section 483: Interest accruable as of the date of recovery of amount
Notwithstanding anything contained elsewhere in this Chapter, if the court passes a judgment on a lawsuit, if any, made within the period under Section 484 entitling the creditor to recover interest as well, the creditor shall be entitled to the interest as of the date of recovery according to the judgment. 264
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Section 484: Period of deed executed in household:
(1) The period of a deed executed in household pursuant to this Chapter shall not exceed ten years.
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Chapter-15: Provisions Relating to Transactions
Section 484: Period of deed executed in household:
Subsection (2)
(1) The period of a deed Notwithstanding anything contained in sub-section (1), if the debtor repays some of the principal or interest thereon to the creditor or the term of a deed is extended for the repayment of principal or interest within the period of ten years, another period of ten years shall be extended from the date of such repayment of principal or interest or extension of the period, as the case may be.
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Section 485: Transaction carried on with incompetent or quasi-competent
person not to be recognized: A transaction carried on by a person with an incompetent or quasi-competent person shall not get legal recognition.
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Section 486: Recovery of amount not available from property in common
Subsection (1)
If any person carries on transaction with another person and the deed of such transaction does not bear the signature of the person acting as the head of family, the creditor shall not be entitled to recover his or her amount from such property until the debtor's right in the property in common is established.
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Chapter-15: Provisions Relating to Transactions
Section 486: Recovery of amount not available from property in common
Subsection (2)
Notwithstanding anything contained in sub-section (1), if the person acting as the head of family repays such amount, the creditor may recover the same.
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Section 486: Recovery of amount not available from property in common
Subsection (3)
If any person is not able to recover the amount from the debtor on the occurrence of the circumstance referred to in subsection (1), the creditor shall make a lawsuit against the debtor and maintain his or her right within a period of ten years. 265
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Section 486: Recovery of amount not available from property in common
Subsection (4)
In the event of the maintenance of the right with the debtor pursuant to sub-section (3), the creditor may recover his or her amount from the debtor in accordance with law after his or her right in the property in common has been established.
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Section 486: Recovery of amount not available from property in common
Subsection (5)
The statute of limitation for making a lawsuit shall, for the recovery of the amount pursuant to sub-section (4), commence from the date of establishment of the debtor's right.
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Chapter-15: Provisions Relating to Transactions
Section 487: Exchange of movable property not allowed without consent:
(1) A person of majority age in a joint family is not allowed to exchange any movable property in common without consent of the person acting as the head of family. Provided that the consent of the person acting as the head of family shall not be required to exchange his or her private property.