yamraj047/nepali-legal-rag-data huggingface dataset:
National Civil Code 2017
Part-3
Chapter-9: Provisions Relating to Inter-Country Adoption
Section 204: Statute of limitation: If a separate statute of limitation for making
a lawsuit is specified in this Chapter, the lawsuit may be made 115 accordingly, and if such statute of limitation is not specified, a person aggrieved from any act committed or action taken under this Chapter may make a lawsuit within one year after the date on which such an act was done or action was taken. 116
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 205: To be deemed coparcener: For the purposes of apportionment of a
property in common, the husband, wife, father, mother, son and daughter shall be deemed to be coparceners, subject to the other Sections of this Chapter.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 206: Equal entitlement to partition share:
(1) Each coparcener shall have equal entitlement to partition share.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 206: Equal entitlement to partition share:
Subsection (2)
(1) Each coparcener shall If a woman coparcener is pregnant at the time of partition, and the baby to be delivered by her is to become a coparcener, partition shall be made by treating also such would be born baby as a coparcener and only after setting aside his or her partition share of property.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 206: Equal entitlement to partition share:
Subsection (3)
(1) Each coparcener shall If the pregnant woman under sub-section (2) does not deliver a live baby, the partition share set aside for such a baby shall be divided equally between the other coparceners.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 207: Son and daughter born from couple whose matrimonial
relationship is dissolved to obtain partition share: A son and daughter born to a couple who cannot conclude a marriage or whose marriage cannot be considered valid or whose matrimonial relationship is dissolved according to law shall obtain their partition share from such a father and mother.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 208: To obtain partition share from mother:
(1) A son and daughter whose father is not traced out shall obtain their partition share from the property belonging to their mother only. 117
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 208: To obtain partition share from mother:
Subsection (2)
(1) A son and daughter A wife kept without making public or a son and daughter born from her shall not be entitled to claim a partition share after the death of the husband or father.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 209: To obtain partition share from part of father or husband:
(1) A son and daughter child or wives of brothers living in an undivided family shall obtain partition share only from the part of their respective father or husband, as the case may be.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 209: To obtain partition share from part of father or husband:
Subsection (2)
(1) A If the husband, father or mother dies before effecting partition, his wife or his or her child shall obtain the partition share to which the husband, father or mother is entitled.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 209: To obtain partition share from part of father or husband:
Subsection (3)
(1) A If a person has more than one wife, they shall obtain their respective partition share only from the part of the husband.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 210: Latter wife or child to obtain partition share from part of
husband or father: (1) If a person concludes another marriage or a child is born from the wife so married, after effecting partition between his wife, son, daughter or while he is living together with such a wife, son, daughter after mixing his partition share with that of them, such a wife, son or daughter shall obtain her or his partition share only from the part of the property of the husband or father, as the case may be.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 210: Latter wife or child to obtain partition share from part of
Subsection (2)
Notwithstanding anything contained elsewhere in this Chapter, if a person whose wife is surviving concludes another marriage before effecting partition, the partition shares of the other coparcener shall first be set aside and the woman who is so married shall be provided with a partition share from the part to which he is entitled. 118
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 211: Right to obtain partition share:
(1) A husband, wife, father, mother, son and daughter having property in common shall make, according to their reputation and income, arrangements for the maintenance and medical treatment of the wife, husband, son, daughter, father and mother, as the case may be.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 211: Right to obtain partition share:
Subsection (2)
(1) A If a person who is bound to make arrangements as referred to in sub-section (1) fails to make such arrangements, the coparcener is entitled to get separated by obtaining his or her partition share.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 212: Separation may be effected at anytime:
(1) If there is a mutual agreement between the coparcener, they may get separated at any time by obtaining their respective partition share.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 212: Separation may be effected at anytime:
Subsection (2)
(1) If there is a mutual If the husband, father, mother or person acting as the head of family considers it appropriate for the coparcener to obtain their respective partition share and get separated rather than living in a single family, the coparcener may get separated by effecting partition at any time. Explanation: For the purposes of this Act, the term “person acting as the head of family” means a person who has attained the age of majority pursuant to law and acts as the head of family or who has the responsibility to run the household affairs living in the joint family by engaging in farming, trade, business or any other work in various places.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 213: Husband or wife may get separated by obtaining partition
share: (1) Notwithstanding anything contained in Section 211, the 119 husband or wife may, in any of the following circumstances, get separated at any time by obtaining his or her partition share: (a) If the husband or wife expels the wife or husband from the house, (b) If the husband or wife causes physical or mental torture to the wife or husband.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 214: Widow may effect separation by taking her partition share:
(1) Notwithstanding anything contained elsewhere in this Chapter, a widow may get separated at any time by taking her partition share.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 214: Widow may effect separation by taking her partition share:
Subsection (2)
(1) If a widow concludes another marriage, the property obtained by her by way of partition share shall devolve on the son and daughter, if any, born to her from the previous husband and, if there is no such a son or daughter, she herself may retain such property.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 215: Relinquishment of partition share:
(1) Any coparcener may, by executing a deed to that effect, relinquish his or her partition share, with or without taking his or her partition share in part or taking some cash or kind only in consideration for his or her partition share.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 215: Relinquishment of partition share:
Subsection (2)
(1) Any coparcener may, by While executing a deed on relinquishment of partition share pursuant to sub-section (1), if a coparcener has husband, wife, or son or daughter having attained the age of majority, the deed on relinquishment of partition share shall be deemed to have been executed only when consent of such a husband, wife, son or daughter has been obtained. 120 Provided that the entitlement of a minor coparcener to partition share may not be relinquished.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 215: Relinquishment of partition share:
Subsection (3)
(1) Any coparcener may, by If a deed on relinquishment of partition share is executed pursuant to sub-section (1), it shall be deemed as if he or she received his or her partition share.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 215: Relinquishment of partition share:
Subsection (4)
(1) Any coparcener may, by A coparcener shall have to appear in person for executing a deed on relinquishment of partition share or for receiving his or her partition share. Provided that if a coparcener is not able to appear in person, he or she shall, for that purpose, appoint an authorized attorney in accordance with law.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 216: Partition to be effected:
(1) In partitioning a property in common, a deed of partition shall be executed in writing between the coparceners, subject to this Chapter.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 216: Partition to be effected:
Subsection (2)
(1) In partitioning a property in common, In effecting partition pursuant sub-section (1), partition of property in common and debts in common shall be so made that partition shares thereof are equal. Explanation: For the purposes of his Chapter, the term "debts in common" means any debts agreed to by the person acting as the head of family or by all coparceners or borrowed by the coparceners, who have attained the age of majority and live in the undivided family and carry on household work, farming, trade or any other work in various places or incurred in such transaction or incurred in transaction carried on by the other persons, who have attained the age of majority and live in the undivided family as to which such persons have consented in writing. 121
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 216: Partition to be effected:
Subsection (3)
(1) In partitioning a property in common, Partition shall be effected by balancing both high value and less value properties, with the consent of all the coparceners, and failing such consent, by a lottery.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 216: Partition to be effected:
Subsection (4)
(1) In partitioning a property in common, If, in effecting partition, there arises a dispute on any property, partition shall be effected after the settlement of the dispute. Provided that if it takes a long time for the settlement of such a dispute, the property in dispute may be kept as undivided property and the other properties may be partitioned.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 217: Matters to be specified in deed of partition: The following
matters shall be specified in the deed of partition: (a) Name, surname, age, address of every coparcener and that of his or her mother, father, grand-father and grand-mother, (b) Property to be received by the coparceners, (c) If the part of a coparcener involves debts, moneys receivable, amount of such debts and moneys, (d) If, upon partition, any coparcener is to live with another coparcener, that details thereof, (e) A matter to the effect that no coparcener has hidden or concealed any property subject to partition, (f) If any property is to devolve on a coparcener only, upon the death of the father, mother, husband or wife, details thereof, 122 (g) If the partition share of any coparcener is to be entrusted to any one, details thereof, (h) Other necessary matters.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 218: Deed of partition to be registered:
(1) In effecting partition, a deed of partition shall be drawn up in presence of witnesses, bear signature and thumb-impression of the witness and the coparcener and registered in the concerned office, having duly fulfilled the legal requirements.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 218: Deed of partition to be registered:
Subsection (2)
(1) In effecting partition, a Notwithstanding anything contained in sub-section (1), in cases where partition was effected in household making a balance between highly valuable and less valuable property, whether or not executing a deed of partition between any coparceners before 10 January 1978 (27 Poush 2034) and a coparcener has already taken his or her partition share and effected transmission thereof or the coparceners have individually possessed or sold or transacted their respective partition share of immovable property according to partition, partition shall be deemed to have been effected in spite of being the deed of partition not registered.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 219: Prohibition of providing property without effecting partition
Subsection (1)
No person acting as the head of family shall, without effecting partition, provide a property in common to only a coparcener who has not taken partition share or who would be a coparcener. Provided that-
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 219: Prohibition of providing property without effecting partition
Subsection (1)
That such a person may, with the consent of all the coparceners, provide any property to any coparcener. 123
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 219: Prohibition of providing property without effecting partition
Subsection (2)
That such a person may, even without consent of the other coparceners, provide the property to the extent of his or her partition share, to any coparcener.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 219: Prohibition of providing property without effecting partition
Subsection (2)
In effecting partition pursuant to this Chapter, the other property shall be partitioned by setting off the property provided to a coparcener pursuant to clause (1) of the proviso to sub-section (1) for the partition share to which the coparcener is entitled.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 220: Lawsuit to be filed by setting out inventory of property:
(1) If a coparcener is desirous of getting separated by setting aside his or her partition share, he or she shall file a lawsuit, specifying therein the date of separation of bread and board from the other coparceners and setting out an inventory of such property and debts and assets held in his or her name and that of the other coparceners, to the best of his or her knowledge, as is liable to partition. Explanation: For the purposes of this Section, the term "date of separation of bread and board" means the following date or day: (a) The date mentioned in the deed of separation of bread and board, (b) If there is no deed of separation of bread and board, the date as agreed between the coparceners on the separation of bread and board, (c) If no agreement is reached between the coparceners pursuant to clause (b), the day immediately before the day of filing a lawsuit, (d) Except as otherwise agreed upon, in the case of a married daughter, the day of her marriage. 124
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 220: Lawsuit to be filed by setting out inventory of property:
Subsection (2)
(1) If a If the deed of separation of bread and board is executed between any coparceners only, such a deed shall come into force only on the date of its registration.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 220: Lawsuit to be filed by setting out inventory of property:
Subsection (3)
(1) If a If the person filing a lawsuit pursuant to sub-section (1) is unable to submit the inventory of property, he or she shall also specify the reason therefor.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 220: Lawsuit to be filed by setting out inventory of property:
Subsection (4)
(1) If a If a lawsuit is filed pursuant to sub-section (1), the concerned person also shall submit a statement of defense, together with a statement whether the plaintiff is to be provided with a partition share or not and if he or she agrees to provide a partition share, together with an inventory of the property held in his or her name and the debts and assets.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 221: Matters to be set out in inventory:
(1) The following matters shall be set out in the inventory of the property to be submitted pursuant to this Chapter: (a) The place of location of land, plot No., area and approximate value thereof, (b) In the case of a house, place of location, plot no, area, Kabal (rooms), Naal (size), storey of the house, whether it is concretely built or mud made, and approximate value thereof, (c) In the case of a movable property, details and approximate value thereof, (d) In the case of cash, details thereof, and also details of bank balance, share, debenture, treasury bills, if any, 125 (e) In the case of livestock, details and approximate value thereof, (f) In the case of gold, silver and jewelries, details and approximate value thereof, (g) In the case of a motor vehicle, details and approximate value thereof, (h) Details and approximate value of the properties, if any, other than those referred to clauses (a) through (g).
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 221: Matters to be set out in inventory:
Subsection (2)
(1) The following matters shall If the value of any property is not set out pursuant to sub-section (1) or a dispute arises as to the value thereof, the court shall take the basis of the price fixed by the Land Revenue Office, in the case of an immovable property, and of the prevailing market price for the time being, in the case of a movable property.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 222: Partition to be effected by taking inventory:
(1) If it appears from the lawsuit filed or statement of defense submitted pursuant to Section 220 that partition requires to be effected and an inventory of property is submitted along with the lawsuit or statement of defense, the court shall effect partition, having the coparceners executed a deed stating, inter alia, that the property they have submitted is the only property to be partitioned and that they have not concealed or hidden any other property.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 222: Partition to be effected by taking inventory:
Subsection (2)
(1) If it appears from If an inventory of property is not submitted along with the lawsuit or statement of defense, the court shall, by specifying a time-limit, require the coparceners to submit the inventory of the property and effect partition by causing the coparceners to execute 126 a deed pursuant to sub-section (1),  if the coparceners submit such an inventory within the time-limit so specified.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 223: Partition to be effected on the basis of inventory received:
(1) If a person who in to submit an inventory of property within the timelimit referred to in Section 222 fails to submit the inventory or has elapsed the time-limit without submitting a statement of defense, the court shall effect partition on the basis of the inventory of the property submitted by other coparceners.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 223: Partition to be effected on the basis of inventory received:
Subsection (2)
(1) If If the partition is effected pursuant to sub-section (1), no lawsuit may be entertained on the ground of dissatisfaction with the partition share.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 223: Partition to be effected on the basis of inventory received:
Subsection (3)
(1) If Notwithstanding anything contained in sub-section (2), if a lawsuit is filed for the partition of a property not set out in the inventory of the property submitted by the coparceners but discovered subsequently, the court shall effect partition of that property.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 224: Power to take inventory by breaking padlock: If, because of the
failure of a person to submit an inventory of the property required to be submitted by him or her, the inventory of property has to be taken by breaking the padlock of the house custody of which is taken by him or her, the court may, by opening the padlock in presence also of the person holding the key of the house, if he or she is present, and if not, in presence of at least two persons including the person requesting for partition share and a representative of the concerned ward of the Local Level, take an inventory of the property found there, by maintaining a record thereof. 127
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 225: Partition to be effected when inventory produced:
(1) If the person who has to submit an inventory fails to submit the inventory or lapses the time-limit by not submitting a statement of defense and the person filing a lawsuit requesting for the partition of property also fails to submit the inventory of property, the court shall, by causing the person filing the lawsuit to execute a deed of the same statement, abate the lawsuit subject to the condition that the partition shall be effected at the time when an inventory of the property is produced.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 225: Partition to be effected when inventory produced:
Subsection (2)
(1) If the If a lawsuit is abated pursuant to sub-section (1) and the person filing the lawsuit makes a petition subsequently, accompanied by an inventory, the court shall effect partition between the coparceners in accordance with law, on the basis of the previous case-file itself.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 226: Prohibition of concealing or hiding property:
(1) No person shall conceal or hide a property that is liable to partition.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 226: Prohibition of concealing or hiding property:
Subsection (2)
(1) No person shall If a coparcener is subsequently held to have concealed or hidden any property which is held in his or her name and is liable to partition, at the time of effecting partition or at the time when asked by the court to submit an inventory, the coparcener so concealing or hiding the property shall have no right to obtain such property.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 226: Prohibition of concealing or hiding property:
Subsection (3)
(1) No person shall The property concealed or hidden under sub-section (2) shall be partitioned between the other coparceners.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 227: Partition share to be reimbursed: If a coparcener is not allowed
to own and possess any property falling in his or her partition share 128 due to the property being defective under law, all the coparceners shall proportionately reimburse to him or her property equal to the defective property.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 228: Partition share not to be exchanged: Except in the case of mutual
consent among the coparceners, no coparcener shall be entitled to exchange any property received by him or her by way of partition for the reason that after partition it is disordered, damaged or he or she does not prefer it.
National Civil Code 2017
Part-3
Chapter-10: Provisions Relating to Partition
Section 229: Partition of pledged or mortgaged property:
(1) If a coparcener is found to have pledged or mortgaged a property that is liable to partition, the court shall, if all the coparceners so agree, effect partition of the property by causing the property to be released from, or on the condition of having an obligation to release it from, the property in common.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 229: Partition of pledged or mortgaged property:
Subsection (2)
(1) If a coparcener If all the coparceners do not agree pursuant to subsection (1) and the court finds that the person acting as the head of family has pledged or mortgaged the property or that the other persons having attained majority living in the undivided family have, taking signature and thumb-impression also of the person acting as the head of family, pledged or mortgaged it, the court shall effect partition of the property by causing the property to be released from, or on the condition of having an obligation to release it from, the property in common.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 229: Partition of pledged or mortgaged property:
Subsection (3)
(1) If a coparcener Save in the cases referred to in sub-section (1) or (2), if a coparcener is found to have pledged or mortgaged a property liable to partition, the court shall effect partition by causing the property to be released from, or on the condition of having an 129 obligation to release it from, the property falling in his or her partition share.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 230: Power to withhold property or income until partition is
effected: If one filing a lawsuit appears to obtain a partition share in a case of partition and, after the inventory of property has been submitted, makes a petition to the court, praying that the property to the extent of his or her partition share or income thereof be withheld, the court may withhold the property to the extent of his or her partition share or income of such property until partition is effected in the fulfillment of the legal requirements.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 231: Partition to be so effected as to have provision of way or
passage: While effecting partition, if there is no access to way or passage to a house or land partitioned to a coparcener and if such way or passage can be managed from the land of other coparcener, partition shall be so effected that the concerned coparcener shall have to provide the way or passage for access to such house or land.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 232: Debtor not to be specified without consent of creditor:
(1) Partition shall not be so effected as to give the responsibility of payment of the debt of joint family to a sole coparcener without consent of the creditor.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 232: Debtor not to be specified without consent of creditor:
Subsection (2)
(1) Even if the responsibility of payment of the debt is given solely to any coparcener contrary to sub-section (1), all the coparceners shall pay the debt in common equally, if the creditor does not so agree.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 233: Compensation to be paid if lawsuit filed by person not entitled
to partition: If a person who is not entitled to receive a partition 130 share is held to have filed a lawsuit for receiving it, the court shall order the law-suit filing person to pay to the defendant a reasonable compensation, having regard to the amount in controversy, if set out from the case-file, and if such amount is not set out, to the status of such a person.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 234: Partition share, money or expenditure may be awarded:
(1) If a person who is entitled to obtain a partition share, money or expenditure from any person according to the judgment, files, having failed to so receive, a petition in the court of first instance which has passed judgment in the case, the court shall, if the parties are the same, cause the partition, money or expenditure according to the judgment to be awarded as soon as possible.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 234: Partition share, money or expenditure may be awarded:
Subsection (2)
(1) If a If the partition share, expenditure or money is not provided pursuant to sub-section (1), the person who has to provide the partition share, money or expenditure shall be caused to pay a reasonable compensation as well to the petitioner.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 235: Statute of limitation: A person who is aggrieved from any act
done or action taken under this Chapter may make a lawsuit as follows: (a) Any time, where partition has never been effected or a common general deed has been executed in effecting partition and even though there is no deed where both the parties have enjoyed the property upon making calculation, (b) Within three months from the date of partition if one is not satisfied with such partition, 131 (c) In case of concealing or hiding of property, till the life of the concerned coparcener, (d) In the cases other than that referred to in clauses (a), (b) and (c), within six months after the date on which such an act was done or action taken.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 236: Partition deemed to be executed:
(1) A partition effected pursuant to the law prior to the commencement of this Act shall be deemed to have been effected pursuant to this Act.
National Civil Code 2017
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Chapter-10: Provisions Relating to Partition
Section 236: Partition deemed to be executed:
Subsection (2)
(1) A partition effected pursuant Notwithstanding anything contained in sub-section (1), if a person has taken maintenance for living (Jiuni) in consideration for his or her partition share prior to the commencement of this Act, the person shall be deemed to have taken his or her partition share. 132
National Civil Code 2017
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Chapter-11: Provisions Relating to Succession
Section 237: Succession deemed to be opened: Upon the death of a person,
succession to his or her property shall be deemed to be opened. Explanation: For the purposes of this Chapter, the term "succession" means devolution of liabilities and rights in regard to debt, wealth and property of the deceased upon his or her heirs in accordance with law.
National Civil Code 2017
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Chapter-11: Provisions Relating to Succession
Section 238: Heir entitled to succession: Where succession to a person's
property is opened, his or her nearest heir shall be entitled to such succession.
National Civil Code 2017
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Chapter-11: Provisions Relating to Succession
Section 239: Order of preference of heirs for succession:
(1) The order of preference of nearest heirs for succession shall, subject to the other Sections of this Chapter, be as follows: (a) Husband or wife living in the undivided family, (b) Son, daughter, widow daughter-in-law living in the undivided family, (c) Father, mother, step mother, grand-son, granddaughter, grand-daughter-in-law, on the side of son or daughter, living in the undivided family, (d) Separated husband, wife, son, daughter, father, mother, step-mother, (e) Separated grand-son, grand-daughter from the son's generation, (f) Separated grand-father, grand-mother, 133 (g) Grand-father, grand-mother, elder brother, younger brother, elder sister, younger sister, widow elder brother’s wife or younger brother’s wife living in the undivided family, (h) Uncle, aunt, nephew, niece, living in the joint family, (i) Separated elder brother, younger brother, elder sister, younger sister, widow elder brother's wife or younger brother's wife.
National Civil Code 2017
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Chapter-11: Provisions Relating to Succession
Section 239: Order of preference of heirs for succession:
Subsection (2)
(1) The order of So long as the person who is in the first order of preference referred to in sub-section (1) at the time when succession to one’s property is open is serving the person in the subsequent order of preference shall not be entitled to succession.
National Civil Code 2017
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Chapter-11: Provisions Relating to Succession
Section 239: Order of preference of heirs for succession:
Subsection (3)
(1) The order of If there are more than one heir in the same order of preference pursuant to sub-section (1), all of them shall equally be entitled to the succession.
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Chapter-11: Provisions Relating to Succession
Section 239: Order of preference of heirs for succession:
Subsection (4)
(1) The order of If any heir in the order of preference entitled to succession does not intend to succeed, the other heirs in the same order shall be entitled to succession, and even any heir in that order of preference does not intend to accept succession, the heir in the successive order of preference shall be entitled to the succession.
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Chapter-11: Provisions Relating to Succession
Section 240: Distant heir entitled to succession: If a person dies when he or she
was staying with any distant heir after taking his or her partition share of property in spite of having his or her nearer heir and succession to him or her is open, the heir with whom that person was so staying shall be entitled to his or her property succession. 134
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Section 241: Maintaining (Shyahar samhar) and caretaking heir entitled to
succession: If a nearer heir has not maintained and taken care of a person but a distant heir has done so, the distant heir who has so maintained and taken care of him or her shall be entitled to succession.
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Chapter-11: Provisions Relating to Succession
Section 242: Separated heir entitled to succession:
(1) If a person dies when that person was staying with any heir who has lived separately, after taking his or her partition share of property, because an unseparated heir has not maintained (Shyahar samhar) and taken care of that person, such separated heir shall be entitled to the succession of that person.
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Chapter-11: Provisions Relating to Succession
Section 242: Separated heir entitled to succession:
Subsection (2)
(1) If a person dies when Notwithstanding anything contained in sub-section (1), if a person dies when that person was staying with any heir only for few days, without taking his or her partition share of property, the heir with whom that person had so stayed shall not be entitled to succession of that person.
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Chapter-11: Provisions Relating to Succession
Section 243: Maintaining (Shyahar samhar) and caretaking person entitled
to succession: Notwithstanding anything contained elsewhere in this Chapter, if another person has maintained (Shyahar samhar) and taken care of the deceased because the heir has not done so, the person who has so maintained (Shyahar samhar)  and taken care of shall be entitled to such succession.
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Chapter-11: Provisions Relating to Succession
Section 244: Not to be obliged to accept succession:
(1) Notwithstanding anything contained elsewhere in this Chapter, no person shall be obliged to accept a succession. 135
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Section 244: Not to be obliged to accept succession:
Subsection (2)
(1) Notwithstanding A person who declines to accept a succession shall give information thereof in writing to the concerned District Court within a period of three years of the devolution of succession.
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Chapter-11: Provisions Relating to Succession
Section 244: Not to be obliged to accept succession:
Subsection (3)
(1) Notwithstanding If a person does not accept a succession within the period referred to in sub-section (2), such succession shall be deemed to have been devolved upon the other heir in the successive order of preference for succession.
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Chapter-11: Provisions Relating to Succession
Section 244: Not to be obliged to accept succession:
Subsection (4)
(1) Notwithstanding Even if a person does not accept a succession pursuant to sub-section (1), he or she shall have to conduct obsequies of the deceased in accordance with the rites and rituals.
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Chapter-11: Provisions Relating to Succession
Section 245: Disqualified for succession: Notwithstanding anything contained
elsewhere in this Chapter, if a person who kills, or causes the death of, another person with intent to serve any premeditation or with ulterior motive to obtain succession, such person and the heir to the person who so kills or causes death shall be disqualified from the succession of the deceased or his or her heir.
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Chapter-11: Provisions Relating to Succession
Section 246: Obligations and rights of person upon whom succession is
devolved: (1) The obligations and rights of the person upon whom succession is devolved shall be as follows: (a) To perform, or cause to be performed, funeral and obsequies rites of the deceased according to his or her rites and rituals, (b) To repay the debt borrowed by the deceased to the creditor, (c) To have right over the debt lent and investment made by the deceased. 136
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Section 246: Obligations and rights of person upon whom succession is
Subsection (2)
If the funeral and obsequies rites of a deceased has been performed by a person other than one who is entitled to the succession, the person so entitled shall pay the costs incurred in the performance of funeral and obsequies rites of the deceased and additional twenty-five percent of such costs to the person who has performed such rites. Provided that if any person has, instead of doing on his or her own, caused another person to perform the funeral and obsequies rites of the deceased, he or she shall be liable to pay only the actual costs incurred in the performance of such rites.
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Chapter-11: Provisions Relating to Succession
Section 247: Creditor may recover debt: If succession to one’s property is
opened and one has creditors, such creditors may recover their debts and liabilities from the person upon whom succession has devolved. Provided that no heir shall be obliged to pay debts and liabilities in excess of the deceased's property succeeded to by him or her.
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Chapter-11: Provisions Relating to Succession
Section 248: Local Level to receive property under succession:
(1) If succession to the property of a person is opened and he or she has no heir or his or her heir declines to accept such succession, the property of the dead person remaining after deducting the costs incurred in the performance of his or her funeral and obsequies rites and even after payment of debts due to his or her creditors shall be devolved on the Local Level.
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Chapter-11: Provisions Relating to Succession
Section 248: Local Level to receive property under succession:
Subsection (2)
(1) If If a person dies and has no heir but has property, a person who performs his or her obsequies or maintains his or her 137 books and accounts shall immediately give a notice thereof to the Local Level.
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Chapter-11: Provisions Relating to Succession
Section 248: Local Level to receive property under succession:
Subsection (3)
(1) If If a notice is received pursuant to sub-section (2), the Local Level shall prepare an inventory of the properties of the deceased in witness of at two local persons and forward the inventory, accompanied by a copy of the memorandum (Muchulka) executed to that effect, to the concerned district level administrative office.
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Chapter-11: Provisions Relating to Succession
Section 248: Local Level to receive property under succession:
Subsection (4)
(1) If If a memorandum, along with the inventory of properties, is received pursuant to sub-section (3) and the address of the deceased is traced out, such an office shall send a notice in accordance with law to the heir of the deceased to appear to receive the property of the deceased within a period of three months.
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Section 248: Local Level to receive property under succession:
Subsection (5)
(1) If If the heir does not accept the property pursuant to subsection (1) or the heir of the deceased does not appear within the time-limit referred to in sub-section (4) or the address of such heir is not traced out, such an office shall publish a notice in a national newspaper, inviting his or her heir, if any, to appear to claim the property of the deceased, within a period of thirty five days.
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Chapter-11: Provisions Relating to Succession
Section 248: Local Level to receive property under succession:
Subsection (6)
(1) If If the heir of the deceased appears within the time-limit referred to in sub-section (5), the property that remains after deducting therefrom the expenses incurred in the performance of obsequies of the deceased or providing such expenses to the person having performed such obsequies, and ten percent of the property, shall be returned to the concerned heir. 138
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Section 248: Local Level to receive property under succession:
Subsection (7)
(1) If If no heir of the deceased appears within the time-limit referred to in sub-section (5) or his or her address is not traced out, the property that remains after deducting therefrom the expenses incurred in the performance of obsequies of the deceased, which amount is to be provided to the person having performed such obsequies, shall devolve on the concerned Local Level.
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Chapter-11: Provisions Relating to Succession
Section 248: Local Level to receive property under succession:
Subsection (8)
(1) If The concerned heir or the office under sub-section (3) shall hand over the property receivable by the Local Level pursuant to sub-section (1) or (7) to the Local Level in accordance with law.
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Section 248: Local Level to receive property under succession:
Subsection (9)
(1) If The Local Level shall use the property that it has received pursuant to this Section for public interest.
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Section 249: Succession to property of foreigner died in Nepal:
(1) If a foreigner who dies in Nepal has property without heir in Nepal, a person who performs his or her obsequies or maintains his or her books and accounts shall immediately give a notice thereof to the nearby Local Level.
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Section 249: Succession to property of foreigner died in Nepal:
Subsection (2)
(1) If a If a notice is received pursuant to sub-section (1), the Local Level shall prepare an inventory of the properties of the deceased in witness of at two local persons and forward the inventory, accompanied by a copy of the memorandum (Muchulka) executed to that effect, to the concerned district level administrative office.
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Section 249: Succession to property of foreigner died in Nepal:
Subsection (3)
(1) If a If a memorandum, along with the inventory of properties, is received pursuant to sub-section (2), such an office shall immediately give information thereof to the Federal Ministry of Home Affairs. 139
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Section 249: Succession to property of foreigner died in Nepal:
Subsection (4)
(1) If a If information referred to in sub-section (3) is received, the Federal Ministry of Home Affairs shall also send a notice, in accordance with law, through the diplomatic channel of the concerned country, to the heir of the dead person to appear to receive the properties of the deceased within four months.
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Section 249: Succession to property of foreigner died in Nepal:
Subsection (5)
(1) If a If information under sub-section (3) is received upon the death of a citizen of a country having no diplomatic relation with Nepal, the Federal Ministry of Home Affairs shall publish a notice in a national daily English newspaper for receiving such property within six months, and the Federal Ministry of Home Affairs shall also put such notice on its website.
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Section 249: Succession to property of foreigner died in Nepal:
Subsection (6)
(1) If a If the heir of the deceased appears within the time-limit referred to in sub-section (4) or (5), the property that remains after deducting therefrom the expenses incurred in the performance of obsequies of the dead person or providing such expenses the person having performed such obsequies, and ten percent of the property, shall be returned to the concerned heir.
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Chapter-11: Provisions Relating to Succession
Section 249: Succession to property of foreigner died in Nepal:
Subsection (7)
(1) If a If no heir of the dead person appears within the timelimit referred to in sub-section (4) or (5) or his or her address is not traced out, the property that remains after providing the expenses incurred in the performance of obsequies of the deceased to the person having performed such obsequies shall devolve on the Local Level.
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Section 249: Succession to property of foreigner died in Nepal:
Subsection (8)
(1) If a The property received by the Local Level pursuant to this Section shall be used only for public interest. 140
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Section 250: Statute of limitation: A lawsuit may be made within the statute of
limitation, if any, set forth elsewhere in this Chapter, and in the other cases, within a period of three years after the date on which the succession is opened. 141
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Chapter-1: General Provisions Relating to Property
Section 251: Deemed to be property: Any cash, goods or work shall be deemed
to be a property if such cash, goods or action can be used or transacted in or the title thereto can be transferred by way of purchase, sale or otherwise or any benefit can be derived therefrom. Explanation: Except otherwise provided for in this Act, the term "goods" means a physical property capable of being purchased or sold.
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Chapter-1: General Provisions Relating to Property
Section 252: Property deemed to be in movable or immovable form: A
property shall be deemed to be in either movable or immovable form irrespective of its physical or non-physical, tangible or intangible form.