yamraj047/nepali-legal-rag-data huggingface dataset:
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 253: Property deemed to be immovable:
(1) The following property shall be deemed to be an immovable property: (a) A building or land or structure fixed thereto, (b) Any goods attached to a building or land permanently, (c) A mine, stone or mineral embedded in land, (d) Natural water, surface water and underground water, (e) A building or other structure so made permanently that it can float over a river, lake or pond, 142 (f) A standing tree, plant or fruit tree or fruit or flower growing on such a tree, plant or fruit tree or crops in the land, or (g) A movable property attached to an immovable property.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 253: Property deemed to be immovable:
Subsection (2)
(1) The following property Notwithstanding anything contained in sub-section (1), if any structure, goods or any part thereof, fixed or attached to any immovable property gets or is detached or unfixed in any manner, the structure, goods or part so detached or unfixed shall be deemed to be a movable property.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 254: Property deemed to be movable: The following property shall be
deemed to be a movable property: (a) Cash or goods that can be transacted as cash or foreign currency, (b) Gold, silver, jewelry, Ratna, gold or silver ornament or precious stone, (c) Other good that can be moved from one place to another, except those referred in clause (a) or (b), (d) A bond, security, promissory note, bill of exchange, letter of credit or other negotiable instrument or a benefit derived therefrom, (e) Intellectual property, (f) A right in security, (g) A trade good-will or franchise, 143 (h) A property other than the immovable property.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 255: Classification of property according to ownership: The property
shall, according to the ownership and the form of use thereof be classified as follows: (a) Private property, (b) Property in common, (c) Joint property, (d) Community property, (e) Public property, (f) Government property, (g) Trust property.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 256: Property deemed to be private property:
(1) Any of the following properties owned by any person or properties accrued therefrom shall be deemed to be a private property of such a person: (a) Property earned by way of his or her knowledge, skills or effort, (b) Property acquired by way of donation, bequeath, or succession, (c) Property acquired by way of a lottery or gift, (d) Property acquired by way of remuneration, gratuity, pension, medical expense, provident fund, insurance or other social security, 144 (e) Property acquired by way of intellectual property or royalty, (f) Property acquired in any manner whatsoever while living apart by separating bread and board in accordance with law or while managing one’s accommodation at one’s cost despite not so living apart, (g) Property earned or acquired by a woman prior to marriage or acquired from her parental side at the time of marriage or accrued therefrom, (h) Property so granted to a woman by the husband or with consent of all coparceners of the husband side that she will have exclusive right in it or movable or immovable property received from the relatives or friends of the husband side and property accrued therefrom, (i) Property which, according to law, is considered to be the exclusive private property of a person.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 256: Property deemed to be private property:
Subsection (2)
(1) Any of the Any person shall be entitled to exclusively deal with his or her private property, subject to this Act.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 257: Property deemed to be property in common:
(1) Any of the following properties or property accrued therefrom shall be deemed to be the property in common, irrespective of such property being owned by any coparcener whosoever, out of the coparceners, subject to Section 256: (a) Property inherited from ancestors, 145 (b) Property owned by the coparceners except the private property, (c) Property earned by the coparceners from the farming, industry, trade or business in common or property accrued therefrom.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 257: Property deemed to be property in common:
Subsection (2)
(1) Any of the Except where separated in accordance with law, any property earned by the husband or wife or property accrued therefrom shall be deemed to be the property in common of the husband or wife.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 257: Property deemed to be property in common:
Subsection (3)
(1) Any of the Notwithstanding anything contained elsewhere in this Chapter, any property earned by the parents for the purpose of partition between the parents and their children shall also be deemed to be the property in common.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 257: Property deemed to be property in common:
Subsection (4)
(1) Any of the The use of, and transfer of right in, the property in common and other provisions shall be as set forth in the other Chapters of this Act.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 258: Property deemed to be joint property:
(1) Any property owned by two or more persons except the coparceners living in a joint family or property accrued therefrom shall be deemed to be a joint property.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 258: Property deemed to be joint property:
Subsection (2)
(1) Any property owned The right or share of a joint holder in the joint property shall be as set forth in a deed setting out such rights and share, and failing such a deed, the holders of that property shall be deemed to have equal rights and share. 146
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 258: Property deemed to be joint property:
Subsection (3)
(1) Any property owned The use and management of, transfer of title to, and other provisions relating to, the joint property shall be governed by this Chapter and the other Chapters of this Act.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 259: Trees, plants or goods on boundary to be deemed joint
property: Except as otherwise proved, the trees, plants or goods lying on the boundary of two or more owners of adjoining lands shall be deemed to be the joint property of all owners.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 260: Management, protection and maintenance of joint property:
(1) The management, protection and maintenance of a joint property shall be made as per the consent of the owners of that property.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 260: Management, protection and maintenance of joint property:
Subsection (2)
(1) Failing consent between the owners in relation to the management, protection and maintenance of a joint property pursuant to sub-section (1), the management, protection and maintenance of the joint property shall be made according to the decision of majority members.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 260: Management, protection and maintenance of joint property:
Subsection (3)
(1) Failing a majority opinion between the owners in relation to the management, protection and maintenance of the joint property pursuant to sub-section (2), the owner who has the largest right or share in that property shall make its management, protection and maintenance. Provided that if the owners have equal right, all owners shall have to make management, protection and maintenance of such property on an equal basis.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 260: Management, protection and maintenance of joint property:
Subsection (4)
(1) Expenses incurred in the management, protection and maintenance of the joint property, if any, made by any owner 147 pursuant to sub-section (2) or (3) shall be borne by all owners in proportion to their respective right or share.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 260: Management, protection and maintenance of joint property:
Subsection (5)
(1) The owner who does not manage, protect and maintain the joint property pursuant to sub-section (4) shall pay the expenses incurred in the management, protection and maintenance of that property to the owner who has made such management, protection and maintenance within a period of one year.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 260: Management, protection and maintenance of joint property:
Subsection (6)
(1) If any owner fails to pay the expenses incurred in the management, protection and maintenance of the joint property within the period referred to in sub-section (5), the owner who has made management, protection and maintenance thereof shall be entitled to purchase the right and share of that other owner in that property at the prevailing price. Such purchaser of the joint property may deduct management and maintenance expenses of his or her portion.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 261: Prohibition of alteration in joint property without consent: Any
alteration in a joint property or any change in its form may not be made without consent of all the owners of the joint property.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 262: Legal action or defense may be made by any owner of joint
property: (1) If it is necessary to institute a legal action against any person or defend a case in relation to the protection of a joint property, all owners shall make such institution or defense.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 262: Legal action or defense may be made by any owner of joint
Subsection (2)
If all owners are not available as referred to in subsection (1), any owner may, on behalf of him or her or the other owners, institute legal action against any person or defend any case. 148
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 263: Separation of one’s share from joint property:
(1) Any owner of a joint property may separate his or her right or share therein from the other owners at any time.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 263: Separation of one’s share from joint property:
Subsection (2)
(1) Any owner of The separation of a joint property referred to in subsection (1) shall be effected in accordance with the consent of all the owners.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 263: Separation of one’s share from joint property:
Subsection (3)
(1) Any owner of Notwithstanding anything contained in sub-section (1) or (2), if the separation of any joint property results either in a substantial loss to the other owners or in a disorder in the form of that property, such separation may not be made.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 263: Separation of one’s share from joint property:
Subsection (4)
(1) Any owner of If any joint property cannot be separated owing to the circumstance referred to in sub-section (3), the owners of that property shall sell such property and divide the proceeds of sale between them in proportion to their respective right and share therein.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 263: Separation of one’s share from joint property:
Subsection (5)
(1) Any owner of If any joint property cannot be sold in accordance with sub-section (4) or all the owners do not agree to sell it and any owner intends to buy such property, such an owner may exclusively own it by paying the price of that property to the other owners in the same proportion.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 263: Separation of one’s share from joint property:
Subsection (6)
(1) Any owner of If more than one owner intend to buy the joint property pursuant to sub-section (5), the owner who agrees to pay the highest price shall be entitled to purchase such property.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 264: Provisions relating to community, public, government and trust
properties: The provisions relating to, and ownership, use, management, and transfer of right in, and other provisions of, the 149 community, public, government and trust properties shall be as set forth in the other Chapters of this Act.
National Civil Code 2017
Part-4
Chapter-1: General Provisions Relating to Property
Section 265: Statute of limitation: A person aggrieved from any act done or
action taken under this Chapter may make a lawsuit within six months after the date on which such an act was done or action was taken. 150
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 266: Ownership to be deemed: If a person acquires the right in any
property in accordance with law, his or her ownership in that property shall be deemed.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 268: Possessory right to be deemed: If a person holds a property with
him or her lawfully with intention to possess the property, the person shall be deemed to have the possessory right over such property.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 269: When possessory right can be acquired:
(1) The possessory right may be acquired over any property in the following manner: 151 (a) By holding the property in the capacity of its owner, (b) By acquiring the property owned by another person, in accordance with law, (c) By obtaining consent to have possessory right.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 269: When possessory right can be acquired:
Subsection (2)
(1) The possessory right Only the possessory right which is acquired in good faith, peacefully or openly shall be deemed to have been acquired lawfully.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 270: Person competent to acquire possessory right:
(1) A person may acquire the possessory right either in person or through his or her agent.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 270: Person competent to acquire possessory right:
Subsection (2)
(1) A person may A person who is incompetent or quasi-competent may acquire the possessory right through his or her guardian or curator.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 271: Rights of possessor:
(1) A person, in the capacity of a possessor, shall, subject to law, have the following rights: (a) To uninterruptedly possess the property in his or her possession, subject to the laws in force or the contract, if any, entered into in relation to the property, (b) To use any benefits of the property in his or her possession.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 271: Rights of possessor:
Subsection (2)
(1) A person, in the capacity of a possessor, In the event of acquisition of, by a person, the possessory right in bona fide over any property owned by anyone else, the person shall be entitled to reimbursement from the owner of that property for essential expenses incurred in the management, maintenance or care of (rekh dekh) such property while it was under his or her possessory right.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 271: Rights of possessor:
Subsection (3)
(1) A person, in the capacity of a possessor, Notwithstanding anything contained in sub-section (2), the former possessor shall be entitled to retain such property with 152 him or her unless and until the expenses referred to in that subsection are reimbursed.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 271: Rights of possessor:
Subsection (4)
(1) A person, in the capacity of a possessor, If a bona fide possessor of any property not in his or her ownership has attached any goods to such property, the possessor shall be entitled to detach or take out the goods so attached by him or her from the property without tempering with such property.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 272: Circumstances when possessory right is extinguished: The
possessory right of a person over a property shall be deemed to have been extinguished in any of the following circumstances: (a) If the person abandons the property, (b) If the person transfers the property, (c) If the property gets totally destroyed or becomes useless.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 273: Adverse possessory right to be deemed:
(1) Notwithstanding anything contained elsewhere in this Chapter, if any person has possessed any movable property or land owned by anyone else, since more than three years ago in the case of the movable property and thirty years ago in the case of the land as if the property or land were owned by himself or herself, that person shall be deemed to have adverse possessory right over such property or land. Provided that:
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 273: Adverse possessory right to be deemed:
Subsection (1)
(1) Notwithstanding No adverse possessory right may be acquired over a government, public, community or trust land despite the length of the period of possession.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 273: Adverse possessory right to be deemed:
Subsection (2)
(1) Notwithstanding Where a contract or other law provides for separate provisions in relation to any property or 153 land, such provisions shall be applicable to such property or land.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 273: Adverse possessory right to be deemed:
Subsection (2)
(1) Notwithstanding If any person acquires the adverse possessory right over any property pursuant to sub-section (1), the person may obtain ownership over such property in his or her name.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 273: Adverse possessory right to be deemed:
Subsection (3)
(1) Notwithstanding Notwithstanding anything contained in sub-section (1), if a property or land is possessed without knowledge of its owner, secretly or forcibly, this Section shall not apply.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 273: Adverse possessory right to be deemed:
Subsection (4)
(1) Notwithstanding In computing the period pursuant to this Section, it shall be computed from the date of the commencement of this Act.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 274: Compensation to be paid:
(1) If any person possesses any property forcibly, with mala fide intention or secretly, the person shall return the benefits derived from that possession and such property to the concerned person and pay a reasonable compensation for any loss caused to the property due to his or her negligence in the course of possessing such property.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 274: Compensation to be paid:
Subsection (2)
(1) If If any property owned by anyone else is lost or damaged during the continuance of the possessory right of a person over the property, the person shall pay compensation for such property to the concerned person.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 275: Statute of limitation: A person who is aggrieved from any act
done or action taken pursuant to this Chapter may make a lawsuit within three months after the date of knowledge of commission of such act or action. 154
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 276: Prohibition of use, temperance or acquisition of other's
property: (1) No person shall use other's property without consent of that other person.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 276: Prohibition of use, temperance or acquisition of other's
Subsection (2)
No person shall temper with other's property by closing the road or exit of the other person or doing any act or construction on the border of his or her land or otherwise.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 276: Prohibition of use, temperance or acquisition of other's
Subsection (3)
No person shall acquire other's property without consent of that person. Provided that the Government of Nepal may, in accordance with law, acquire property of any person for public interest.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 276: Prohibition of use, temperance or acquisition of other's
Subsection (4)
No person shall enter other's house and compound without consent of any person except in accordance with law.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 277: Property to be inviolable:
(1) No person shall encroach or trespass other's property by way of overlapping, pressing or otherwise.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 277: Property to be inviolable:
Subsection (2)
(1) No person shall encroach or trespass If any person takes possession of other's property by way of any act referred to in sub-section (1), that person shall be deemed to have encroached or trespassed such property.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 278: Safety measures to be adopted: A person shall, while doing any
work on his or her house or land, adopt safety measures in order to avoid any loss or damage or effect to the neighbor's house or land in any manner. Provided that, except where a business transaction is carried on by any neighbor, matters such as gas, smell, smoke or noise of 155 general nature emitted or produced from the use by the neighbor of his or her house or land shall not be deemed to have caused a loss or damage or effect to the house or land.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 279: Prohibition of building a house in other's land without consent
Subsection (1)
No person shall build a house in a land without obtaining written consent of the owner of that land.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 279: Prohibition of building a house in other's land without consent
Subsection (2)
If any person builds a house in a land without obtaining written consent of the owner of that land, the land-owner may, if he or she so desires, purchase the house on payment of the price that is less by up to twenty-five percent of the market price of that house.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 279: Prohibition of building a house in other's land without consent
Subsection (3)
If the land-owner does not purchase such house pursuant to sub-section (2), the house-owner may, if the owner so consents, purchase the land on payment of the price that is higher by up to twenty-five percent of the market price of the land where the house is located.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 279: Prohibition of building a house in other's land without consent
Subsection (4)
If both parties do not agree to purchase and sell the house or land pursuant to sub-section (2) or (3), the person who has built the house shall demolish the house and take away his or her materials within a period of three months of the date on which the house was so built.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 279: Prohibition of building a house in other's land without consent
Subsection (5)
If the house is not demolished within the period referred to in sub-section (4), such a house shall belong to the landowner.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 280: To leave land while putting window: If a person or government
body has to build a house by putting a window or door towards the 156 neighbor's land, the person or body shall leave the land according to the standards specified by the concerned body.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 281: Prohibition of channeling water of house or roof: No person
shall channel the water of his or her house or roof to other's house or land or a public road.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 282: Prohibition of making safety tank adjoining to neighbor's land
Subsection (1)
No person shall construct a safety tank by adjoining it to the neighbor's land.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 282: Prohibition of making safety tank adjoining to neighbor's land
Subsection (2)
If a person has to construct a safety tank in his or her land, he or she shall leave at least the land according to the standards specified by the concerned body, except in cases where the neighbor's consent is available.
National Civil Code 2017
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Chapter-3: Provisions Relating to Uses of Property
Section 283: To leave land while digging well or Kuwa: In digging a well or a
small (Kuwa) in one's land, one shall leave the land so that the distance of at least one meter can be maintained from the neighbor’s land.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 284: Prohibition of planting trees or plants causing effect:
(1) No person shall plant a tree or plants in such a way so that it causes effects to other's house, land or property.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 284: Prohibition of planting trees or plants causing effect:
Subsection (2)
(1) No If any tree or plant planted by a person in one's land cause any effect by expanding to other's house, land or property, the person who has planted such tree or plants shall cut the branches or roots of the tree or plant in such manner as not to cause loss or damage to that person's house, land or property.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 284: Prohibition of planting trees or plants causing effect:
Subsection (3)
(1) No If a person who has planted such tree or plants fails to cut off the branches or roots of the tree or plants pursuant to sub- 157 section (2), the person who is affected therefrom may cut off the branches or roots of such tree or plants on his or her own.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 285: Compensation to be recovered: If any damage is caused to any
person from any act done or action taken by any person under this Chapter, the damage sustaining person shall be entitled to recover a reasonable compensation from the person who has done such act.
National Civil Code 2017
Part-4
Chapter-3: Provisions Relating to Uses of Property
Section 286: Statute of limitation: A person who is aggrieved from any act
done or action taken under this Chapter may make a lawsuit within six months after the date of knowledge of the commission of such act or action. 158
National Civil Code 2017
Part-4
Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 287: Prohibition of use of other's land: No person shall cultivate or use,
or cause to be cultivated or used, any land in which another person has right, possession and ownership, without consent of that person.
National Civil Code 2017
Part-4
Chapter-2: Provisions Relating to Ownership and Possession
Section 288: Right of owner: Any person, in capacity of the owner of any
property, shall have the following right, subject to laws: (a) To use the property, (b) To sell or otherwise transfer the title to the property to any other person, (c) To mortgage or pledge the property in any manner, (d) To deal in the property, (e) To take benefits of the property in any manner whatsoever, (f) To make any kind of physical structure, wall or fence or delimit boundary, in his or her land or change the form of any property or otherwise protect it, (g) To use his or her land or part below its surface or goods therein or sky above its surface, (h) To destroy or dispose of property in any manner, (i) To institute a legal action in any manner in relation to the acquisition or security of the property.
National Civil Code 2017
Part-4
Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 288: Requirement to allow land to be used for ditch:
(1) If a person who needs to construct a ditch through other's land to cultivate land requests for land, the concerned owner of the land shall provide the land for the construction of the ditch through the place where the concerned landowner considers appropriate.
National Civil Code 2017
Part-4
Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 288: Requirement to allow land to be used for ditch:
Subsection (2)
(1) If a person In consideration for the land provided for construction of a ditch through it pursuant to sub-section (1), the person who constructs the ditch shall provide a substitute land, amount according to the prevailing price of the land used in the construction of the ditch or reasonable compensation to the concerned landowner.
National Civil Code 2017
Part-4
Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 288: Requirement to allow land to be used for ditch:
Subsection (3)
(1) If a person Notwithstanding anything contained in sub-section (2), if a ditch is constructed in a public or government land, it is not required to provide a substitute land, price of land or compensation for the land used in construction of the ditch.
National Civil Code 2017
Part-4
Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 289: Prohibition of using whole water of river or stream: No owner
of a land shall so use the whole water of the river or stream which originates or flows from the land as to prevent the owner of downstream land from using the same or as to endanger the life of aquatic animals in the river or stream or as to adversely affect the ecological balance. 159
National Civil Code 2017
Part-4
Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 290: Prohibition of making new ditch affecting irrigated field: No
person shall construct a new ditch above a land irrigated by a ditch already made and in operation in a manner to significantly lessen the volume of water in that land.
National Civil Code 2017
Part-4
Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 291: Use and allocation of ditch water:
(1) A person who has spent labor or money in the construction of a ditch shall have the first priority to the ditch water for the cultivation of land.
National Civil Code 2017
Part-4
Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 291: Use and allocation of ditch water:
Subsection (2)
(1) A person who has spent Notwithstanding anything contained in sub-section (1), in a place where people have been using the water according to agreed division between them from the time immemorial, all people shall be entitled to use the ditch water according to the division.
National Civil Code 2017
Part-4
Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 291: Use and allocation of ditch water:
Subsection (3)
(1) A person who has spent If the water is sufficient for or no longer required for a person who uses the water pursuant to sub-section (1), another person shall be entitled to use the ditch water for cultivating the land irrespective of the person whom the ditch belongs to.
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Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 291: Use and allocation of ditch water:
Subsection (4)
(1) A person who has spent If the land of a person is irrigated and then water overflows to other’s land, such water may be used even without the consent of the concerned land-owner, and no claim shall entertained for the same.
National Civil Code 2017
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Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 292: Prohibition of alteration in ditch without consent: If any ditch is
constructed only in the land of a person and other persons have also been using the ditch, the owner of land where such ditch is situated shall not be allowed to alter the ditch without consent of the other persons using it.
National Civil Code 2017
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Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 293: One who does not make labor or expenses in making ditch not
allowed to use water: (1) While making a new ditch or repairing 160 an old ditch, all persons who use the water of such ditch shall make necessary labor or expenses in proportion to their respective land.
National Civil Code 2017
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Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 293: One who does not make labor or expenses in making ditch not
Subsection (2)
A person who does not make labor or expenses in making a new ditch or repairing an old one pursuant to sub-section
National Civil Code 2017
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Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 293: One who does not make labor or expenses in making ditch not
Subsection (1)
shall not be entitled to use the water of such a ditch.
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Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 294: Construction of ditch or use of water with mutual consent
Notwithstanding anything contained elsewhere in this Chapter, if there is a separate agreement between the concerned land-owners or those who make a ditch or who are users of water in relation to the construction of ditch or using of water for the cultivation of land, the ditch may be made or water used according to that agreement.
National Civil Code 2017
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Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 295: Cultivation of land adjacent to river bank: If a river or stream
enters in a land and divides it or cuts a land, the land shall belong to its owner and may be cultivated by the owner after the river or stream changes its course and leaves the land.
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Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 296: Prohibition of registration: No person shall register, or cause to
be registered, other’s land in his or her name.
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Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 297: Transmission and registration and deregistration to be effected
Subsection (1)
If a person needs to have transfer of a land on the death of its registration holder or to have registration and deregistration of a land in which the person has got right in any manner, the concerned person shall submit an application to the Land Revenue Office and obtain transmission and registration and deregistration of the matter within thirty-five days of the occurrence of such an event.
National Civil Code 2017
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Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 297: Transmission and registration and deregistration to be effected
Subsection (2)
If a person submits an application for transmission and registration and deregistration of the matter after the expiry of the 161 time-limit referred to in sub-section (1), the Land Revenue Office shall execute the transmission and registration of such land in the applicant's name by collecting the fee of one hundred rupees irrespective of the length of time after such expiration.
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Chapter-4: Provisions Relating to Cultivation, Use and Registration of Land
Section 298: Statute of limitation: 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 of knowledge of commission of such an act or action. 162
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Chapter-5: Provisions Relating to Government, Public and Community
Section 299: Property deemed to be government property: The following
property title to which belongs to, or which is owned, controlled by, or subject to, the Government of Nepal, Province Government and Local Government shall be deemed to be the government property: (a) Government houses, buildings or lands, (b) Roads, paths or railways, (c) Forests, or trees or trees, bushes in forests, (d) Rivers, rivulets, streams, lakes, ponds and banks thereof, (e) Canals, ditches or uncultivated, barren lands, (f) Mines or minerals, (g) Himalaya, mountains, rocks, sandy lands, public gardens, (h) Any Property other than a public, community, trust property or any one's property.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 300: Property deemed to be public property:
(1) The following property which is for public purpose shall be deemed to be the public property: (a) Houses, lands, sewerage or roads having been used since ancient times, (b) Wells, water conduits, shores, ponds and banks thereof, 163 (c) Exits for chattels, pasture lands, Kharka, graveyards, Chihan, Samadhisthal, Kabristan and lands where these are located, (d) Inns, Pauwas, Dewals, religious meditation sites, memorials, temples, shrines, Chaitya, monasteries, Stupas, churches, Chowk, Dawali, Chautari or lands where these are located, (e) Lands where fairs, markets and public entertainment or sports sites are located, (f) Private property provided by any person for public purposes, (g) Such other property as prescribed to be the public property by the Government of Nepal, by a notification in the Nepal Gazette.
National Civil Code 2017
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Chapter-5: Provisions Relating to Government, Public and Community
Section 300: Property deemed to be public property:
Subsection (2)
(1) The following The ownership of the public property shall vest in the public body or the Government of Nepal.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 301: Property deemed to be community property: Any land held by a
community for its use, any structure built in such land or other property owned by it shall be deemed to be the community property.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 302: Details to be updated:
(1) The Land Revenue Office shall prepare and update the following details in relation to the government and public properties situated within the district: (a) The location where the government or public properties are situated, plot number and area, in the case of a land, and situation of the house, if any, 164 (b) If the government or public properties are possessed by, or subjected to, any body or organization, details thereof, (c) Other necessary details.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 302: Details to be updated:
Subsection (2)
(1) The Land Revenue Office shall prepare The Local Level shall render necessary assistance to the Land Revenue Office in preparing the details referred to in subsection (1).
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Chapter-5: Provisions Relating to Government, Public and Community
Section 302: Details to be updated:
Subsection (3)
(1) The Land Revenue Office shall prepare After the preparation of the details pursuant to subsection (1), the Land Revenue Office shall forward a copy thereof to the concerned district level administrative office and Local Level.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 302: Details to be updated:
Subsection (4)
(1) The Land Revenue Office shall prepare The Local Level shall collect and update the details referred to in sub-section (1) in relation to the community properties situated within its jurisdiction and forward a copy thereof to the concerned Land Revenue Office.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 303: Land ownership registration certificate to be provided:
(1) If any government land is held in the name of a government body or public organization, the Land Revenue Office shall prepare the land ownership registration certificate of such land in the name of such body or organization and provide it to such body or organization.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 303: Land ownership registration certificate to be provided:
Subsection (2)
(1) If If any land is available to a community in accordance with law, the Land Revenue Office shall prepare the land ownership registration certificate of such land in the name of such community and provide it to that community.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 304: Obligation to protect government, public or community
properties: (1) The Government of Nepal, public organization or 165 community holding the right in, possession, custody of, and control over, the government, public or community properties shall itself protect such properties.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 304: Obligation to protect government, public or community
Subsection (2)
To protect government and public properties shall be responsibility of the concerned district level administrative office and Local Level.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 304: Obligation to protect government, public or community
Subsection (3)
The concerned community and Local Level shall be responsible for the protection of the community property.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 305: Prohibition of registration of government, public or community
properties in individual's name: (1) No person shall register, or cause to be registered, any government, public or community property in his or her name.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 305: Prohibition of registration of government, public or community
Subsection (2)
If a person registers, or causes to be registered, any government, public or community property in the name of any individual, such registration shall, ipso facto, be void.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 305: Prohibition of registration of government, public or community
Subsection (3)
If a complaint is filed as to the registration of any government, public or community property in any individual's name, the concerned Land Revenue Office shall summon the presence of the registration-holder also and inquire into the matter, as required, and make necessary decision within six months after the date of filing the complaint.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 305: Prohibition of registration of government, public or community
Subsection (4)
If the registration of any government, public or community property in any individual's name is annulled pursuant to this Section, the Land Revenue Officer shall make necessary entries in the records maintained in his or her office and give 166 information thereof to the concerned district level administrative office and Local Level.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 305: Prohibition of registration of government, public or community
Subsection (5)
The Land Revenue Office shall punish a person who registers, or causes to be registered, any government, public or community property in contravention of this Section with a fine of twenty-five thousand to one hundred thousand rupees.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 305: Prohibition of registration of government, public or community
Subsection (6)
The registration of government, public or community property in oneself or some individual's name which in itself is offence as per prevailing laws, nothing written in this section shall be an obstacle to take action in offence related to it.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 306: Prohibition of possession or cultivation of government, public
or community land: (1) No person shall possess any government, public or community land by way of overlapping, encroachment, surrounding or otherwise.
National Civil Code 2017
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Chapter-5: Provisions Relating to Government, Public and Community
Section 306: Prohibition of possession or cultivation of government, public
Subsection (2)
No person shall, except with the permission of the Government of Nepal, concerned public organization or community, cultivate, or cause to be cultivated, any government, public or community land.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 306: Prohibition of possession or cultivation of government, public
Subsection (3)
If any person possesses or cultivates any government, public or community land in contravention of sub-section (1) or (2), the concerned Land Revenue Office, in the case of the government or public land, and the concerned Local Level, in the case of the community land, shall separate such land, recover the crops yielded in the land from that person and vacate the land.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 306: Prohibition of possession or cultivation of government, public
Subsection (4)
The Land Revenue Office may punish any person who possesses or cultivates any government, public or community land 167 in contravention of this Section with a fine not exceeding ten thousand rupees.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 307: Prohibition of building structure:
(1) No person shall build any structure in any government, public or community land, for any personal or public purpose. Provided that any structure may be constructed as considered appropriate by the Government of Nepal, in the case of a government or public land, and by the concerned community for public purpose, in the case of a community land.
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Chapter-5: Provisions Relating to Government, Public and Community
Section 307: Prohibition of building structure:
Subsection (2)
(1) No person shall build any If any person initiate to construct any structure in any government, public or community land in contravention of subsection (1), the concerned Chief District Officer or Local Level shall stop such work immediately.