yamraj047/nepali-legal-rag-data huggingface dataset:
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 346: Alteration in the object of trust:
Subsection (2)
(1) Notwithstanding anything If, on an inquiry into an application made pursuant to sub-section (1), the reason for the amendment or alteration in the object set forth in the memorandum of incorporation seems to be reasonable, the registrar may issue an order to amend or alter such object, and, if an order is so made, the object set forth in the memorandum of incorporation shall be deemed to have been amended or altered accordingly.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 347: Trust property not to be counted: Any trust property operated
and managed by the trustee shall not be counted as the property of the trustee for the purpose of assessment of tax or for any other purpose. Provided that in the case of a person who derives any benefit, facility or interest from such property, such benefit, facility or interest shall be counted.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 348: Consequence of voidance of trust:
(1) If a trust once established is dissolved or voided for any reason, such dissolution or voidance shall not affect any act already done.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 348: Consequence of voidance of trust:
Subsection (2)
(1) If a trust once established is In the event of dissolution or voidance of a trust for any reason pursuant to sub-section (1), in the case of a public trust, except as otherwise provided for in the memorandum of its 193 incorporation, the trustee may, by order of the registrar, hand over the trust property to any other trust with the identical object or to any public body with similar objects if such other trust is not available, and in the case of a private trust, the trustee shall hand over the trust property to the beneficiary, if identified, or to the nearest successor to the beneficiary if the beneficiary is not available or to the trust founder if even such successor is not available or to other successor if even the trust founder is not available.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 348: Consequence of voidance of trust:
Subsection (3)
(1) If a trust once established is If any body or person referred to in sub-section (2) is not available, the property of the dissolved or voided trust shall devolve on the Government of Nepal.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 349: Appeal may be made: A party who is not satisfied with any order
or decision made by the registrar pursuant to this Chapter may make an appeal to the concerned District Court within thirty-five days after the date of knowledge of such order or decision.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 350: Not to affect other trust:
(1) Nothing contained in this Chapter shall affect any trust in operation upon being incorporated in accordance with law in force for the time being prior to the commencement of this Act, and such a trust may be operated in accordance with the Donative inscription (Danpatra), Shilapatra, memorandum of incorporation or other deed establishing such a trust or with the ritual, custom or practice. Provided that such a trust shall be registered under this Act or information of its operation shall be given to the registrar within three years of the commencement of this Act, and records thereof shall be maintained. 194
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 350: Not to affect other trust:
Subsection (2)
(1) Nothing contained in this Chapter The trust referred to in sub-section (1) shall be managed and operated as previously for the object and purpose for which it was established, and the property or income that remains upon the accomplishment of that object and purpose may be possessed, used, pledged or mortgaged.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 350: Not to affect other trust:
Subsection (3)
(1) Nothing contained in this Chapter The property of a trust established pursuant to subsection (1) may be purchased or sold in a manner without prejudice the object and purpose of the trust.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 350: Not to affect other trust:
Subsection (4)
(1) Nothing contained in this Chapter The purchaser under sub-section (3) shall use the property for the object and purpose for which the trust was established.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 350: Not to affect other trust:
Subsection (5)
(1) Nothing contained in this Chapter If a trust under sub-section (1) has been established or operated for any specific purpose by obtaining a government land, such a land shall be used for the accomplishment of the object and purpose for which the trust was established, and such a land shall not be used by the trustor or his or her offspring or successor.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 350: Not to affect other trust:
Subsection (6)
(1) Nothing contained in this Chapter If the person referred to in sub-section (5) does not accomplish the object and purpose of such a trust, the person who accomplishes such object and purpose shall be entitled to possess and use such a land.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 350: Not to affect other trust:
Subsection (7)
(1) Nothing contained in this Chapter Notwithstanding anything contained elsewhere in this Section, if any person has continuously operated a trust referred to in sub-section (1) since last sixteen years or more than sixteen years ago without any deed to that effect, that person may possess and use such property upon the accomplishment of the object and purpose of such a trust. 195
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 350: Not to affect other trust:
Subsection (8)
(1) Nothing contained in this Chapter Matters other than those set forth in this Section shall be as set forth in the memorandum of incorporation of a trust, Sheelapatra, Donative Inscription or as per the custom and practice in relation to the operation of such a trust.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 351: Statute of limitation:
(1) There shall be no statute of limitation in relation to the following matters if a person who is aggrieved from any act done or action taken pursuant to this Chapter is to make a lawsuit: (a) Embezzlement of the trust property, (b) Fraud or forgery of any document relating to the trust property, (c) Embezzlement or misappropriation of the trust property, (d) Derivation of benefit by the trustee contrary to the terms of the memorandum of incorporation of the trust, (e) Restitution of the trust property or its value or income from the trustee or other person.
National Civil Code 2017
Part-4
Chapter-6: Provisions Relating to Trusts
Section 351: Statute of limitation:
Subsection (2)
(1) There shall be no statute of limitation in A lawsuit may be made within six months after the date of the accrual of cause of action in relation to any matter other than that set forth in sub-section (1). 196
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 352: Usufruct deemed to be constituted:
(1) When a person gives free a property in which he or she has title and ownership and fruits, benefit, income or facility to be yielded from that property to another person entitling that other person to enjoy such property and fruits, benefit, income or facility thereof, usufruct shall be deemed to be constituted.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 352: Usufruct deemed to be constituted:
Subsection (2)
(1) When a person gives free The provisions of usufruct shall be as set forth in a contract entered into between the concerned persons.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 353: Usufruct to be effective: The provision of usufruct constituted by a
contract shall become effective on the date of the commencement of the contract unless otherwise set forth in the contract.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 354: Deed to be executed:
(1) In giving an immovable property in usufruct, its owner shall execute a deed to that effect in accordance with law.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 354: Deed to be executed:
Subsection (2)
(1) In giving an immovable property in In giving a property in common in usufruct, consent of the coparceners living in a joint family shall be obtained.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 355: Entitlement of usufructuary to enjoy property as if it belonged
to him or her: (1) If a person gives another person his or her property in usufruct, the usufructuary of such property shall be entitled to enjoy the property, fruits, benefit, income or facility to be yielded or earned from the property and fruits, benefit, income or facility accrued from the property as if it were his or her own property. 197
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 355: Entitlement of usufructuary to enjoy property as if it belonged
Subsection (2)
If there are more than one usufructuary obtaining a property pursuant to sub-section (1), every usufructuary shall be entitled to enjoy that property jointly or severally.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 355: Entitlement of usufructuary to enjoy property as if it belonged
Subsection (3)
If a property obtained under the provision of usufruct is partitioned, every coparcener who is entitled to enjoy the property in usufruct shall be entitled to enjoy the property pursuant to subsection (1).
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 355: Entitlement of usufructuary to enjoy property as if it belonged
Subsection (4)
A usufructuary may make a lawsuit in the court, as required, for the protection or enjoyment of the property obtained under the provision of usufruct.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 356: Property which usufructuary cannot enjoy: Notwithstanding
anything contained in Section 355, a usufructuary shall not be entitled to enjoy the following properties relating to the property obtained under the provision of usufruct: (a) Mines and minerals related with the property, Provided that where the mines are the subject of usufruct, the mines may be enjoyed. (b) Grown trees. Provided that fruits, flowers or other products obtained from the trees may be enjoyed.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 357: Prohibition of alteration in structure of property without
consent: A usufructuary shall not be entitled to significantly alter the substance or form of the property obtained under the provision of usufruct or to destroy such property, except with the owner's prior permission. 198 Provided that if the enjoyment of the property given under the provision of usufruct is not possible without an alteration in the form of or destruction of the property, except as otherwise provided for in the contract, the property may be enjoyed by altering its form or destroying it, on payment of the price that may be set at the time of returning such property.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 358: Power to rent, lease or mortgage property under provision of
usufruct: (1) The usufructuary may, if he or she so desires, rent, lease or mortgage the property obtained under the provision of usufruct, by executing a deed, subject to the contract referred to in sub-section (2) of Section 352. Provided that:
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 358: Power to rent, lease or mortgage property under provision of
Subsection (1)
It is not required to execute a deed for renting a property for a monthly rent not exceeding twenty thousand rupees.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 358: Power to rent, lease or mortgage property under provision of
Subsection (2)
If a property is so rented, leased or mortgaged, the usufructuary shall give information thereof to the owner.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 358: Power to rent, lease or mortgage property under provision of
Subsection (3)
The property obtained under the provision of usufruct may not be rented, leased or mortgaged for a period that exceeds the validity period of usufruct.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 358: Power to rent, lease or mortgage property under provision of
Subsection (2)
The usufructury shall, in renting, leasing or mortgaging the property obtained under the provision of usufruct, mention in the relevant deed that the property is under the provision of usufruct. 199
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 358: Power to rent, lease or mortgage property under provision of
Subsection (3)
If a rent, lease or mortgage of the property obtained under the provision of usufruct is executed in contravention of subsections (1) and (2), such a transaction shall ipso facto be void.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 358: Power to rent, lease or mortgage property under provision of
Subsection (4)
A person who obtains a property on rent, lease or mortgage pursuant to sub-section (1) shall be entitled to enjoy the property as if the person were the usufructuary.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 359: Duty to maintain (marmat samhar) and care (herbichar)
property under the provision of usufruct: (1) The usufructuary shall maintain (marmat samhar) and take care of (herbichar)  the property which he or she has obtained under the provision of usufruct properly and reasonably as if it were his or her own property.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 359: Duty to maintain (marmat samhar) and care (herbichar)
Subsection (2)
If a person obtains a property under the provision of usufruct by way of rent, lease or mortgage, the person shall take care of such property properly and reasonably.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 359: Duty to maintain (marmat samhar) and care (herbichar)
Subsection (3)
The usufructuary shall maintain the property obtained under the provision of usufruct at his or her cost. Provided that if it is necessary to maintain such property by spending a substantial amount in consequence of a disaster, the usufructuary shall obtain the owner's prior permission, and the owner shall bear such maintenance expenses.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 360: Prohibition of causing damage to property obtained under the
provision of usufruct: (1) The usufructuary shall not damage, or cause to be damaged, the property obtained under the provision of usufruct. 200
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 360: Prohibition of causing damage to property obtained under the
Subsection (2)
If such a property is damaged in any manner in the course of its enjoyment by the usufructuary or by the person who has obtained it on rent, lease or mortgage pursuant to Section 358, the usufructuary shall be liable for it. Provided that the usufructuary shall not be liable for any damage or loss caused to such property by a disaster.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 360: Prohibition of causing damage to property obtained under the
Subsection (3)
The usufructuary may make insurance or take other necessary preventive measures for the protection of the property obtained under the provision of usufruct against possible loss or damage in the course of its enjoyment pursuant to sub-section (2).
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 361: Usufructuary to bear tax or fee:  The usufructuary shall pay such
tax or fee as may be leviable by law in relation to the property obtained under the provision of the usufruct. Provided that the owner shall bear the wealth tax payable for the property obtained under the provision of the usufruct.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 362: Information of claim or interference by any one to be given to
owner: (1) If any one makes encroachment, claim or interference on or with the property under the provision of usufruct, the usufructuary shall give information thereof to the owner within fifteen days of such encroachment, claim or interference.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 362: Information of claim or interference by any one to be given to
Subsection (2)
The usufructuary who does not give information pursuant to sub-section (1) shall be liable to any consequence resulting therefrom.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 363: Validity period of the provision of usufruct:
(1) The provision of usufruct shall remain valid for the period set forth in the contract. 201
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 363: Validity period of the provision of usufruct:
Subsection (2)
(1) The provision of Notwithstanding anything contained in sub-section (1), the provision of usufruct shall not remain valid beyond the following period, except as otherwise provided for in the contract: (a) If the usufructuary is a natural person, the death of the usufructuary or the expiration of a period of forty-nine years since the execution of the provision of usufruct, whichever occurs earlier, (b) If the usufructuary is a legal person, the dissolution of the usufructuary or the expiration of a period of twenty-nine years since the execution of the provision of usufruct, whichever occurs earlier. Explanation: For the purposes of this Section, the term "dissolution" includes the termination, liquidation, revocation of registration or insolvency of a legal person.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 363: Validity period of the provision of usufruct:
Subsection (3)
(1) The provision of If there are more than one usufructuary, the property in usufruct shall devolve on the owner in proportion to the death or dissolution of any usufructuary, except as otherwise provided in the contract.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 364: Usufruct may be canceled:
(1) Notwithstanding anything contained in Section 363, if the usufructuary damages or misuses the property obtained under the provision of usufruct or does not enjoy it for the purpose for which it has been given in usufruct or otherwise does any act that prejudices the right of the owner in such property, the concerned owner may cancel the provision of usufruct at any time. 202
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 364: Usufruct may be canceled:
Subsection (2)
(1) Notwithstanding anything contained In the event of cancellation of the provision of usufruct pursuant to sub-section (1), the usufructuary shall return the property obtained under the provision of usufruct.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 365: Power to return property by usufructuary: Notwithstanding
anything contained in Sections 363 and 364, if the usufructuary does not wish to enjoy the property obtained under the provision of usufruct, the usufructuary may return such a property to the owner at any time, by giving a notice of at least forty-five days.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 366: Usufruct deemed to be extinguished:
(1) The provision of usufruct shall be deemed to be extinguished in any of the following circumstances: (a) In the event of expiration of the validity period of usufruct pursuant to Section 363, Explanation: For the purposes of this Chapter, the term "expiration of the validity period" means:
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 366: Usufruct deemed to be extinguished:
Subsection (1)
(1) The provision of If more than one natural person are usufructuary, the usufruct shall be deemed to be terminated on the date on which the last survivor usufructuary dies.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 366: Usufruct deemed to be extinguished:
Subsection (2)
(1) The provision of If more than one legal person are usufructuary, the usufruct shall be deemed to be terminated on the date on which the last usufructuary legal person is dissolved. (b) In the event of return of the property on the cancellation of usufruct pursuant to Section 364, 203 (c) In the event of return of the property in usufruct by the usufructuary pursuant to Section 365, (d) In the event, except for a reasonable reason, of the failure of the usufructuary to enjoy the property in usufruct until six months after the date on which the provision of usufruct became effective, (e) In the event of the accomplishment of the special purpose for the accomplishment of which the provision of usufruct has been made, (f) In the event that the property obtained under the provision of usufruct is transferred to the usufructuary in accordance with law, (g) In the event of total loss of the property obtained under the provision of usufruct.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 366: Usufruct deemed to be extinguished:
Subsection (2)
(1) The provision of In the event of the extinguishment of the provision of usufruct pursuant to sub-section (1), the property given to any person in usufruct shall ipso facto devolve on the owner except in the circumstance set forth in clause (f) or (g).
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 366: Usufruct deemed to be extinguished:
Subsection (3)
(1) The provision of Notwithstanding anything contained in sub-section (1) or (2), if a property is given in usufruct on the condition that it shall remain valid until any person attains a certain age, the provision of usufruct shall remain valid until the date on which the person attains that age even if the person dies before the date of attainment of such age, as if he or she were surviving.
National Civil Code 2017
Part-4
Chapter-7: Provisions Relating to Usufruct
Section 367: Statute of limitation: A person who is aggrieved from any act
done or action taken pursuant to this Chapter may make a lawsuit 204 within six months after the date of knowledge of the commission of such an act or action. 205
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 368: Servitude to be deemed:
(1) If there is a provision of enjoyment or use by the owner of another property of any immovable property or any part thereof in which another person has right, ownership or possession pursuant to this Chapter, provision of servitude shall be deemed to have been created.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 368: Servitude to be deemed:
Subsection (2)
(1) If there is a provision of enjoyment or A servitude shall be in existence in accordance with the contract, nature of the place where the immovable property is situated, custom or practice exercised since ancient time therein.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 369: Use of provision of servitude to be allowed:
(1) If there is a provision of servitude pursuant to Section 368, the owner of the concerned immovable property shall allow another person to enjoy or use the immovable property in accordance with the provision of servitude.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 369: Use of provision of servitude to be allowed:
Subsection (2)
(1) If there is a Notwithstanding anything contained in sub-section (1), if there is a provision of servitude for public purpose, such a servitude may also be used for personal purpose.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 369: Use of provision of servitude to be allowed:
Subsection (3)
(1) If there is a Notwithstanding anything contained elsewhere in this Section, a servitude created by operation of law may be used in accordance with law.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 370: Servitude not to be adversely affected by transfer of immovable
property: (1) A servitude in a servient immovable property shall continue to exist even if the owner of such a immovable property transfers all or any of such property to another person in any manner. 206
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 370: Servitude not to be adversely affected by transfer of immovable
Subsection (2)
Even if the servient immovable property is partitioned, each coparcener shall be deemed to have provided such a servitude.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 370: Servitude not to be adversely affected by transfer of immovable
Subsection (3)
Notwithstanding anything contained in sub-section (1) or (2), if in transferring or partitioning the servient immovable property, there is a provision of servitude elsewhere in such property and servitude is not thus required to be provided in the immovable property in which a person acquires right by way of such transfer or partition, the servitude shall be deemed to have been extinguished to that extent.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 371: To allow enjoyment or use:
(1) If any land, despite that a person has right, ownership or possession in it, has been in use since ancient time as a public or community road, cattle exit, pasture land, ditch, cannel, quay, pond, public road, sewage, track road or main road, public shelter, tomb, graveyard, shrine, temple, monastery, dome, mosque, Idgaha, Karbala, Kabristan or church, community school, hospital or similar other public monument or site, the land shall be allowed to be used by the concerned persons accordingly for the particular purpose.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 371: To allow enjoyment or use:
Subsection (2)
(1) If any land, despite that a person The owner or possessor of the servient land shall not cultivate or use, make any structure in, or otherwise own or possess, it in such manner as to adversely affect the provision set forth in sub-section (1).
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 372: Use of neighbor's house or land at time of disaster: If, at the time
of disaster such as fire, earthquake, volcano and flood, it is not possible to rescue victims of such disaster without entering or using the house or land of a person, the victims may be rescued, or caused to be rescued, by entering the house or land with the consent of the 207 owner of the house or land if the owner is available, and even without consent of the owner of the house or land if the owner is not available for the time being or refuses to give consent. Explanation: For the purposes of this Section, the term "the owner of the house or land" means the person who is using, possessing or controlling the concerned house or land for the time being.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 373: Acquisition of servitude of passage:
(1) If the passage originally available to have access to and from a house or land is destroyed subsequently due to a disaster, the person who has been using the passage to and from such house or land from the past shall have the servitude of a reasonable passage to the public road.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 373: Acquisition of servitude of passage:
Subsection (2)
(1) If the passage originally A person shall not be entitled to demand the servitude of passage from the owners of all surrounding houses or land pursuant to sub-section (1), and he or she may demand such a servitude from the owner of the house or land through which the distance to the public road is the shortest.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 374: Prohibition of transfer of house or land without provision of
passage or exit:(1) In setting aside and transferring any part of the house or land with the provision of passage or exit, such a house or land shall not be transferred without making provision of passage or exit to both the purchaser and the seller.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 374: Prohibition of transfer of house or land without provision of
Subsection (2)
Notwithstanding anything contained in sub-section (1), if there is another passage or exit to and from such house or land, it is not required to make provision of passage or exit. 208
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 375: Power to extend basic services: If it is not possible to provide
basic services such as sewerage, water supply, electricity, gas and telephone service to the house of a person through his or her own land or public, government or community land, the person shall be entitled to lay pipe or line in the neighbor's land in such manner as not to cause any loss or damage to the owner of such land.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 376: Power to use river or stream or river or stream bank: Any
person may carry out movement, navigation, boating or fishing in the river or stream which is situated in, or originated from, the personal property of any person or within the zone of a maximum of four meters in either side of such river or stream. Provided that such activity is not allowed in small rivulets that do not have perennial flow of water.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 377: Power to use exit road:
(1) If a river or stream is diverted or a reservoir is built or a dam is made for any reason in the river or stream, the owner of the concerned land shall provide a reasonable exit for the public and livestock to have access to and from such diversion, reservoir or dam.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 377: Power to use exit road:
Subsection (2)
(1) If a river or stream is diverted or a If, in maintaining the provision of exit passage referred to in sub-section (1), it is possible to maintain such exit passage through the land of more than one person, the exit passage shall, unless provided otherwise, be maintained through the nearest land that is technically feasible for the access to the diversion, reservoir or dam though that passage. 209
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 378: Prohibition of preventing natural flow of water:
(1) Every house or land owner shall himself or herself manage the rain water flow from his or her house or land.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 378: Prohibition of preventing natural flow of water:
Subsection (2)
(1) Every house If there is no provision referred to in sub-section (1), the rain water shall be allowed to make its natural course. Provided that no water shall be let to so flow as to cause adverse effect on the downstream land by making a ditch, controlling floods or otherwise diverting the flow or through human intervention.
National Civil Code 2017
Part-4
Chapter-8: Provisions Relating to Servitudes
Section 379: Power to use stream, river or pond water: Any person may use
the water of a stream, river or pond, which is originated from, flows through or situated in, the land of another person for the purpose of irrigation and drinking, after the use of such water by the concerned owner. Provided that in making such use, the adjoining neighbor shall have priority.
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Chapter-8: Provisions Relating to Servitudes
Section 380: Requirement to allow passage or exit for farming:
(1) If a person does not have a passage or exit for people or livestock to have access to and from his or her farm land and needs such passage or exit, the owner of the concerned land shall provide the facility of passage or exit to such a person. Provided that no person shall be compelled to provide such a passage or exit through the house and compound land.
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Chapter-8: Provisions Relating to Servitudes
Section 380: Requirement to allow passage or exit for farming:
Subsection (2)
(1) If a person A person who uses the passage or exit pursuant to subsection (1) shall so use it that no loss or damage is caused to the 210 crops or other property of the person providing such a passage or exit.
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Chapter-8: Provisions Relating to Servitudes
Section 381: Compensation to be paid: If, in using a house or land belonging to
another person, any kind of loss or damage is caused to any one for the purposes set forth in Sections 372, 373, 375, 377 and 380, the person using the passage or exit shall pay a reasonable compensation to the concerned house or landowner.
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Chapter-8: Provisions Relating to Servitudes
Section 382: 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 such an act or action. 211
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Chapter-9: Provisions Relating to House Rent
Section 383: House deemed to be rented: If a person who has right, possession
or ownership in a house lends, for a rent, the house to another person to use it for a certain period of time, the person shall be deemed to rent the house. Explanation: For the purposes of this Chapter, the term "house" means any house, storey, unit or room of the house, or land or cartilage occupied by such a house.
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Chapter-9: Provisions Relating to House Rent
Section 384: Prohibition of renting unsafe house:
(1) No person shall rent or take on rent a house which is not safe for human habitation from health and security perspectives.
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Chapter-9: Provisions Relating to House Rent
Section 384: Prohibition of renting unsafe house:
Subsection (2)
(1) No person shall rent or The quality standards of a house for non-residential purpose such as a warehouse, livestock farming, storage and cold storage shall be as specified in the house rent agreement.
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Chapter-9: Provisions Relating to House Rent
Section 385: Period of house rent:
(1) The period of house rent shall be as set forth in the agreement, not exceeding five years. Provided that if a house is rented for a commercial purpose, it shall be as set forth in the agreement.
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Chapter-9: Provisions Relating to House Rent
Section 385: Period of house rent:
Subsection (2)
(1) The period of house rent shall be as set Notwithstanding anything contained in sub-section (1), after the expiration of the period of house rent, the period may be extended at times with the consent of the house owner and the tenant. 212
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Chapter-9: Provisions Relating to House Rent
Section 386: Agreement to be concluded while renting:
(1) While renting a house, its owner shall enter into an agreement in writing with the tenant, setting out the following matters: (a) Full name and address of the owner and of the tenant, their citizenship number, and passport or identification certificate, in the case of a foreigner, (b) Place and plot number of the land where the house is located, (c) Purpose for rent, (d) Date of commencement of rent, (e) Validity period of rent, (f) Monthly rent, (g) Time and mode of payment of rent, (h) Liability to pay tariffs of electricity, water supply, telephone etc. used in the house, (i) Matter on payment of house rent tax, (j) If the rented house is to be insured, matter relating thereto, (k) Matter on leaving the rented house and eviction of the tenant from it, (l) Matter as to whether the rented house can be sublet to another, and (m) Other necessary matters. 213
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Chapter-9: Provisions Relating to House Rent
Section 386: Agreement to be concluded while renting:
Subsection (2)
(1) While renting a Notwithstanding anything contained in sub-section (1), it is not necessary to enter into an agreement in writing with the tenant if the monthly house rent does not exceed twenty thousand rupees.
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Chapter-9: Provisions Relating to House Rent
Section 386: Agreement to be concluded while renting:
Subsection (3)
(1) While renting a The tenant's photograph shall also be affixed to the agreement referred to in sub-section (1).
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Chapter-9: Provisions Relating to House Rent
Section 386: Agreement to be concluded while renting:
Subsection (4)
(1) While renting a The agreement referred to in sub-section (1) shall also be signed by at least two witnesses of each side, namely the house owner and the tenant, and a copy thereof shall be retained each by the owner and the tenant.
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Chapter-9: Provisions Relating to House Rent
Section 386: Agreement to be concluded while renting:
Subsection (5)
(1) While renting a After the completion of the procedures referred to in sub-section (4), an agreement shall be deemed to be entered into between the house owner and the tenant.
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Chapter-9: Provisions Relating to House Rent
Section 387: Details of house to be provided: In renting a house, the owner
shall, at the time of entering into agreement, disclose the weakness or fault, if any, in the structure of the house to the tenant.
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Chapter-9: Provisions Relating to House Rent
Section 388: Preparation of description of goods or chattels:
(1) The houseowner shall, prior to renting his or her house, prepare a description of the goods or chattels in the house to be rented.
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Chapter-9: Provisions Relating to House Rent
Section 388: Preparation of description of goods or chattels:
Subsection (2)
(1) The houseowner shall, prior to renting his or her house, prepare a description If the tenant is to use the goods or chattels set forth in the description prepared pursuant to sub-section (1), he or she shall receive such goods or chattels and give a receipt thereof to the house-owner.
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Chapter-9: Provisions Relating to House Rent
Section 389: Obligations of house owner: The obligations of the house-owner
shall be as follows: 214 (a) To allow the tenant to use the house in accordance with the agreement, (b) To arrange for such water and electricity supply, sewerage and sanitation in the rented house as may be required, except as otherwise provided for in the agreement, (c) To prevent the tenant from insecurity, harassment or unrest from other persons dwelling in the house, (d) To abide by the other matters set forth in the agreement.
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Chapter-9: Provisions Relating to House Rent
Section 390: Obligations of tenant: The obligations of the tenant shall be as
follows: (a) To pay the rent to the house owner within the specified period, (b) To maintain sanitation in, take care of (herchaha), protect and safeguard the rented house properly and reasonably, as if it were his or her own, (c) Not to do any act such as causing unrest, harassment or insecurity to the other dwellers in the house or neighbors, (d) To abide by the other matters set forth in the agreement.
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Chapter-9: Provisions Relating to House Rent
Section 391: Mode and procedure of payment of rent:
(1) The tenant shall pay the rent to the house owner in accordance with the mode and procedure set forth in the agreement.
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Chapter-9: Provisions Relating to House Rent
Section 391: Mode and procedure of payment of rent:
Subsection (2)
(1) The tenant shall pay If the agreement does not provide for any mode and procedure of the payment of rent pursuant to sub-section (1), the 215 tenant shall pay the rent to the house owner within seven days of the expiry of each month.
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Chapter-9: Provisions Relating to House Rent
Section 391: Mode and procedure of payment of rent:
Subsection (3)
(1) The tenant shall pay The rent may be paid by way of cheque or cash pursuant to sub-section (2).
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Chapter-9: Provisions Relating to House Rent
Section 391: Mode and procedure of payment of rent:
Subsection (4)
(1) The tenant shall pay If the owner receives the rent in cash pursuant to this Section, he or she shall give a receipt thereof to the tenant.
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Chapter-9: Provisions Relating to House Rent
Section 392: Obligation to pay tax and other charge:
(1) Except as otherwise set forth in the agreement, it shall be the obligation of the house owner to pay the tax and other charge leviable by law in relation to the house rented.
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Chapter-9: Provisions Relating to House Rent
Section 392: Obligation to pay tax and other charge:
Subsection (2)
(1) Except as otherwise If it is the obligation of the land owner to pay tax or charge pursuant to sub-section (1) and the house owner fails to pay the tax or charge in time, the tenant may pay such tax or charge.
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Chapter-9: Provisions Relating to House Rent
Section 392: Obligation to pay tax and other charge:
Subsection (3)
(1) Except as otherwise If the tenant pays the tax or charge pursuant to subsection (2), he or she shall be entitled to deduct such an amount from the rent payable to the house owner.
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Chapter-9: Provisions Relating to House Rent
Section 393: Insurance of house to be procured:
(1) A tenant who rents a house for industrial or business purpose shall procure the insurance of the house for its security. Explanation: For the purposes of this Section, the term "industrial or business purpose" means the operation of any industry or carrying on a business or trade by having a departmental store or one or more than one shop.
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Chapter-9: Provisions Relating to House Rent
Section 393: Insurance of house to be procured:
Subsection (2)
(1) A tenant who rents a If the person obliged to procure insurance pursuant to sub-section (1) fails to procure insurance of the house and the house 216 is damaged by such cause as disaster, unrest, riot or fire, the tenant shall be liable for such damage.
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Chapter-9: Provisions Relating to House Rent
Section 394: Repair and maintenance of house rented:
(1) Except as otherwise set forth in the agreement, the tenant shall be obliged to repair and maintain the rented house, as required.
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Chapter-9: Provisions Relating to House Rent
Section 394: Repair and maintenance of house rented:
Subsection (2)
(1) Except as otherwise If the agreement provides that the house owner is obliged to repair and maintain the rented house and it is necessary to carry out any repair and maintenance of the house, the tenant shall give a notice in writing to the house owner in time.
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Chapter-9: Provisions Relating to House Rent
Section 394: Repair and maintenance of house rented:
Subsection (3)
(1) Except as otherwise If the land-owner fails to repair and maintain the rented house despite the notice given pursuant to sub-section (2), the tenant may repair and maintain such a house.
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Chapter-9: Provisions Relating to House Rent
Section 394: Repair and maintenance of house rented:
Subsection (4)
(1) Except as otherwise The tenant shall be entitled to deduct the billed amount of expenses incurred in the repair and maintenance of the house carried out pursuant to sub-section (3) from the rent payable to the house owner.
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Chapter-9: Provisions Relating to House Rent
Section 394: Repair and maintenance of house rented:
Subsection (5)
(1) Except as otherwise Except as otherwise agreed upon between the house owner and the tenant in respect of the repair and maintenance of the house, the tenant shall, prior to carrying out repair and maintenance under sub-section (4), prepare a cost estimate of the repair and maintenance and give its written information to the house owner in advance of fifteen days.
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Chapter-9: Provisions Relating to House Rent
Section 395: Subletting house rented to other person:
(1) If the agreement entered into with the house owner provides that the tenant may sublet the whole or any portion of the house rented by him or her to 217 another person, the tenant may, subject to the agreement, sublet the whole or any portion of such a house to another person.
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Chapter-9: Provisions Relating to House Rent
Section 395: Subletting house rented to other person:
Subsection (2)
(1) If the agreement If the tenant sublets the whole or any portion of the house rented to another person pursuant to sub-section (1), the tenant shall, no later than fifteen days, give information in writing indicating the name and address of the sub-tenant to the houseowner.
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Chapter-9: Provisions Relating to House Rent
Section 395: Subletting house rented to other person:
Subsection (3)
(1) If the agreement A sub-tenant who rents the house pursuant to subsection (1) shall pay the rent of the house or its portion to the tenant who has so sublet.
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Chapter-9: Provisions Relating to House Rent
Section 395: Subletting house rented to other person:
Subsection (4)
(1) If the agreement The sub-tenant who rents the house pursuant to subsection (1) shall, while dwelling in the rented house, abide by all such terms and provisions as required to be abided by the tenant pursuant to this Chapter.
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Chapter-9: Provisions Relating to House Rent
Section 395: Subletting house rented to other person:
Subsection (5)
(1) If the agreement If the sub-tenant who rents the house pursuant to subsection (1) fails to act in accordance with the terms while dwelling in the rented house or fails to maintain sanitation in, protect or safeguard, the house or carries out any act such as causing harassment, pain or unrest to the other dwellers of the house or neighbors, the tenant may evict the sub-tenant from the house at any time.
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Chapter-9: Provisions Relating to House Rent
Section 396: Prohibition of altering structure without consent:
(1) Except as otherwise provided in the agreement, the tenant shall not demolish, remove or disorder any structure of, or add any structure to, the rented house or otherwise alter it without the house owner's consent in writing. 218
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Chapter-9: Provisions Relating to House Rent
Section 396: Prohibition of altering structure without consent:
Subsection (2)
(1) Except as If the tenant does any act in contravention of subsection (1) and thereby causes any loss to the house-owner, the house-owner shall be entitled to recover compensation for the loss caused to him or her from the tenant.
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Chapter-9: Provisions Relating to House Rent
Section 397: Prohibition of using house contrary to agreement: The tenant
shall not use the house for any purpose other than that for which he or she has rented it, without prior consent of the house-owner.