yamraj047/nepali-legal-rag-data huggingface dataset:
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 398: Alteration in agreement: The house owner and the tenant may,
with mutual consent, make necessary alteration in the house rent agreement. Provided that if such an agreement is registered pursuant to this Act, alteration shall be made upon making application to the concerned body.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 399: Power to inspect:
(1) The house-owner may, by an advance notice to the tenant, inspect the rented house from time to time.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 399: Power to inspect:
Subsection (2)
(1) The house-owner may, by an advance notice If the house-owner intends to inspect the rented house pursuant to sub-section (1), it shall be the duty of the tenant to allow the house-owner to inspect the house.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 400: Leaving rented house:
(1) A tenant may leave the rented house prior to the expiration of the period of rent in any of the following circumstances: (a) If the house owner fails to perform his or her obligations pursuant to Section 389, (b) If the tenant no longer needs the house for the purpose for which he or she rented it, 219 (c) If the house owner does any act in contravention of the agreement or this Chapter.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 400: Leaving rented house:
Subsection (2)
(1) A tenant may leave the rented house If the tenant is to leave the house in the circumstance referred to in clause (b) of sub-section (1), except as otherwise provided in the agreement, the tenant shall give a notice in writing to the house-owner in advance of at least thirty-five days.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 400: Leaving rented house:
Subsection (3)
(1) A tenant may leave the rented house If the tenant leaves the house without giving a notice pursuant to sub-section (2), the house-owner shall be entitled to deduct the rent for that period from the rent, if any, paid in advance by the tenant and to recover the same from the tenant, failing such advance payment.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 401: Power to evict tenant:
(1) The house-owner may evict the tenant from the house in any of the following circumstances: (a) If the tenant fails to perform his or her obligations pursuant to Section 390, (b) If the tenant commits in the rented house any offense related activity prohibited by law, (c) If the house-owner needs the house for himself or herself, (d) If it is necessary to repair and maintain the house by removing inhabitants from the house, (e) If the rented house does not appear to be appropriate for human habitation from the technical and health perspectives, (f) If the period of house rent expires, 220 (g) If the tenant does any act in contravention of the agreement or this Chapter, (h) If there exists the circumstance under sub-section (5) of Section 395.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 401: Power to evict tenant:
Subsection (2)
(1) The house-owner may evict the tenant If it is necessary to evict the tenant from the house in the circumstance referred to in clause (c) of sub-section (1), the land-owner shall give a notice in writing to the tenant in advance of at least thirty-five days.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 401: Power to evict tenant:
Subsection (3)
(1) The house-owner may evict the tenant If the house owner evicts the tenant from the house pursuant to sub-section (2), the house-owner is not entitled to rent such a house to another person until three months, without using it on his or her own.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 401: Power to evict tenant:
Subsection (4)
(1) The house-owner may evict the tenant If the house-owner is to rent such house to another person within three months pursuant to sub-section (3) and the previous tenant intends to rent such a house, he or she shall get priority.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 402: House rent agreement deemed to be terminated: A house rent
agreement entered into pursuant to Section 386 shall be deemed to have been terminated in any of the following circumstances: (a) If the tenant leaves the house, (b) If the house-owner evicts the tenant from the house, (c) If the house-owner and the tenant cancel the agreement with mutual consent, (d) If the period of house rent expires. 221
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 403: Duty to hand over goods or chattels in good condition:
(1) The tenant shall, while leaving the rented house, count the goods or chattels in his or her custody, clean or color the house, if required, and hand over the same in good condition to the house-owner.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 403: Duty to hand over goods or chattels in good condition:
Subsection (2)
(1) The If the tenant looses or damages any goods or chattel in his or her custody, the tenant shall hand over similar goods or chattel or pay a sum of money as per the prevailing price of such goods or chattel to the house-owner.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 403: Duty to hand over goods or chattels in good condition:
Subsection (3)
(1) The Notwithstanding anything contained in sub-section (2), the tenant shall not be bound to reimburse for any goods or chattel which is depreciable or destroyable in the course of daily use or to pay price for such goods or chattel.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 404: Power to vacate house:
(1) Notwithstanding anything contained elsewhere in this Chapter, if a tenant disappears without paying the rent for three months or more without notice and the tenant is not found despite a public notice or correspondence with his or her address or the tenant or his or her successor or agent does not appear despite that he or she has been found, the house-owner shall submit an application with such statement to the concerned ward office of the Local Level.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 404: Power to vacate house:
Subsection (2)
(1) Notwithstanding anything contained If an application is submitted pursuant to sub-section
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 404: Power to vacate house:
Subsection (1)
(1) Notwithstanding anything contained , the concerned ward office shall make a public notice inviting the tenant to appear within a period of fifteen days.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 404: Power to vacate house:
Subsection (3)
(1) Notwithstanding anything contained If a notice is published pursuant to sub-section (2), the tenant shall appear within such a period. 222
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 404: Power to vacate house:
Subsection (4)
(1) Notwithstanding anything contained If such a person does not appear within the period referred to in sub-section (3), the concerned ward office may open and vacate the rented house, upon having the goods therein in its or any one's custody.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 404: Power to vacate house:
Subsection (5)
(1) Notwithstanding anything contained If the person who has disappeared pursuant to subsection (3) returns or sends his or her agent within six months, the concerned ward office shall collect the due rent from, and return the goods to him or her.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 404: Power to vacate house:
Subsection (6)
(1) Notwithstanding anything contained Notwithstanding anything contained elsewhere in this Section, if the concerned ward office of the Local Level does not take any action even within one month of the application submitted to it, the concerned house-owner shall submit an application to the concerned ward office and the nearby police office, and execute a deed and open the house in witness of a police employee and at least two local persons, and hand over the custody of the tenant's goods to the police.
National Civil Code 2017
Part-4
Chapter-9: Provisions Relating to House Rent
Section 405: 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 on which such an act was done or action was taken. 223
National Civil Code 2017
Part-4
Chapter-10: Provisions Relating to Donation and Gift
Section 406: Donation or gift deemed to be effected:
(1) If a person grants free of cost a property in which the person has right and ownership to another person or for any religious, social, public or community purpose such an act shall be deemed to be a donation.
National Civil Code 2017
Part-4
Chapter-10: Provisions Relating to Donation and Gift
Section 406: Donation or gift deemed to be effected:
Subsection (2)
(1) If a person grants free If a person grants free of cost a property in which the person has right and ownership to another person as a reward, prize or tip in consideration for merits to him or her by that other person by way of fostering him or her or otherwise or for family love or affection such an act shall be deemed to be a gift.
National Civil Code 2017
Part-4
Chapter-10: Provisions Relating to Donation and Gift
Section 406: Donation or gift deemed to be effected:
Subsection (3)
(1) If a person grants free In effecting a donation or gift pursuant to sub-section
National Civil Code 2017
Part-4
Chapter-10: Provisions Relating to Donation and Gift
Section 406: Donation or gift deemed to be effected:
Subsection (1)
(1) If a person grants free or (2), such a donation or gift may be so effected that it is effective immediately or after a certain period or after the death of its maker.
National Civil Code 2017
Part-4
Chapter-10: Provisions Relating to Donation and Gift
Section 406: Donation or gift deemed to be effected:
Subsection (4)
(1) If a person grants free If a donation or a gift becomes effective only after the death of the maker of such donation or gift, it shall be deemed that he or she has executed a testamentary donation or testamentary gift.
National Civil Code 2017
Part-4
Chapter-10: Provisions Relating to Donation and Gift
Section 407: Property may be donated by pronouncement: A person may
donate a certain amount or property for any specific purpose by making pronouncement in writing or publicly in a public function organized for that purpose. Provided that no lawsuit may be made if the person does not transfer the property so donated by him or her. 224
National Civil Code 2017
Part-4
Chapter-10: Provisions Relating to Donation and Gift
Section 408: Voidance of donation or gift: Any donation or gift made pursuant
to this Chapter shall ipso facto be void in any of the following circumstances: (a) If the person entitling to donation or gift does not accept the donated or gifted property himself or herself or through his or her agent, (b) If a property is donated or gifted to a person with entitlement after testament and the receiver of donation or gift dies before the person making such a donation or gift or the organization obtaining donation or gift is dissolved, (c) If a property is donated or gifted to an unborn baby and the baby is not born alive, (d) If the donated or gifted property is so destroyed that its existence is extinct before the donation or gift becomes effective.
National Civil Code 2017
Part-4
Chapter-10: Provisions Relating to Donation and Gift
Section 409: Donation or gift to be voidable:
(1) Notwithstanding anything contained elsewhere in this Act, a donation or gift may be voided in any of the following circumstances: (a) If a person donates or gifts a property in which another has right and ownership, (b) If any property is donated or gifted without obtaining the consent of another person where such consent is needed pursuant to law, (c) If the maker of the donation or gift is an incompetent or quasi-competent person, 225 (d) If the donation or gift is made without fulfilling the legal requirements.
National Civil Code 2017
Part-4
Chapter-10: Provisions Relating to Donation and Gift
Section 409: Donation or gift to be voidable:
Subsection (2)
(1) Notwithstanding anything In the case of a donation or gift made without the consent of another person pursuant to clause (b) of sub-section (1) where such consent is required, the property shall be void to the extent of such consent not taken.
National Civil Code 2017
Part-4
Chapter-10: Provisions Relating to Donation and Gift
Section 410: Power to amend or revoke deed of gift with testament:
(1) The maker of gift with testament may, if he or she so wishes, amend the terms of, or revoke, the deed of gift with testament executed by him or her at any time, by making an application in person before the concerned authority.
National Civil Code 2017
Part-4
Chapter-10: Provisions Relating to Donation and Gift
Section 410: Power to amend or revoke deed of gift with testament:
Subsection (2)
(1) The In amending or revoking the deed of gift with testament pursuant to sub-section (1), such a person shall appear before the concerned authority, execute a separate deed and then amend or revoke such a deed of gift with testament.
National Civil Code 2017
Part-4
Chapter-10: Provisions Relating to Donation and Gift
Section 410: Power to amend or revoke deed of gift with testament:
Subsection (3)
(1) The The deed revoking or amending the deed of gift with testament pursuant to sub-section (2) shall be executed in fulfillment of the procedures applicable to the execution of the deed of gift with testament.
National Civil Code 2017
Part-4
Chapter-10: Provisions Relating to Donation and Gift
Section 410: Power to amend or revoke deed of gift with testament:
Subsection (4)
(1) The No person may grant a property once granted to any one by executing the deed of gift with testament to other person by executing such a deed, without revoking the earlier deed of gift with testament pursuant to this Section.
National Civil Code 2017
Part-4
Chapter-10: Provisions Relating to Donation and Gift
Section 410: Power to amend or revoke deed of gift with testament:
Subsection (5)
(1) The If a deed of gift with testament is executed in contravention of sub-section (4), the deed of gift with testament executed earlier shall ipso facto be valid. 226
National Civil Code 2017
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Chapter-10: Provisions Relating to Donation and Gift
Section 411: Not to obtain property under deed of gift with testament: If the
receiver of gift with testament is convicted to have committed any criminal offense against the maker of such a gift before the deed of gift with testament becomes effective, the receiver shall not be entitled to obtain the property under such a deed.
National Civil Code 2017
Part-4
Chapter-10: Provisions Relating to Donation and Gift
Section 412: Statute of limitation: A lawsuit may be made within the statute of
limitation, if any, specified separately in this Chapter, within two years after the date of maturation of one's right in donation or gift received by one and after the date of possession and enjoyment upon maturity of right in a donation or gift incapable of being made, and, in relation to the other cases, within one year after the date of knowledge of any act done or action taken pursuant to this Chapter, by a person who is aggrieved from such an act or action. 227
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 413: Property deemed to be transferred: If a person sells, donates,
gifts or otherwise transfers a property in which he or she has right and ownership to another person, the property shall be deemed to have been transferred to that other person.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 414: Property may be transferred:
(1) Any person, other than a person who is not competent to make contract pursuant to this Act or laws in force, may, subject to this Act, transfer a property in which he or she has right and ownership to one or more than one person jointly or severally.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 414: Property may be transferred:
Subsection (2)
(1) Any person, other than a person The competency or incompetency referred to in subsection (1) shall be determined on the basis of whether he or she was competent or incompetent at the time of the transfer of property by him or her.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 414: Property may be transferred:
Subsection (3)
(1) Any person, other than a person A person may, pursuant to sub-section (1), transfer a property in which he or she has right and ownership to another person with immediate or testamentary effect.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 414: Property may be transferred:
Subsection (4)
(1) Any person, other than a person In transferring a property pursuant to this Section, a deed shall be executed in fulfillment of the legal requirements. Provided that:
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 414: Property may be transferred:
Subsection (1)
(1) Any person, other than a person It is not required to execute a deed to donate or gift any movable property or cash amounting up to one hundred thousand rupees. 228
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 414: Property may be transferred:
Subsection (2)
(1) Any person, other than a person Sale or otherwise transfer of a movable property shall be made in accordance with the laws in force.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 415: Power of guardian or curator to sell property:
(1) A guardian or curator may, subject to this Act, sell and transfer a property for the rights, interests and protection of the person under his or her guardianship or curatorship.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 415: Power of guardian or curator to sell property:
Subsection (2)
(1) A guardian or Notwithstanding anything contained in sub-section (1), except as otherwise provided in this Act, no immovable property may be sold without permission of the court.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 416: Ownership devolving on transferee of property:
(1) If any person transfers his or her property to another person pursuant to Section 414, his or her ownership in that property shall cease to exist from the date of such transfer and the transferee shall have ownership in such property.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 416: Ownership devolving on transferee of property:
Subsection (2)
(1) If any Notwithstanding anything contained in sub-section (1), if a person transfers the right in his or her property to be effective with testament, the transferee shall have ownership in such property only after the death of the transferor.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 416: Ownership devolving on transferee of property:
Subsection (3)
(1) If any If two or more persons acquire the same property, they shall have that much entitlement to such property in proportion to their respective portion.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 416: Ownership devolving on transferee of property:
Subsection (4)
(1) If any If a deed does not indicate the portion to which a person is entitled on the acquisition of a property, all the persons acquiring the property shall be deemed to have acquired it equally.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 417: Power to transfer private property: A person may transfer his or
her private property to another person without any one's consent. 229
National Civil Code 2017
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 418: Joint property may be sold by way of sale:
(1) A joint property may be sold and transferred with the consent of all of its owners.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 418: Joint property may be sold by way of sale:
Subsection (2)
(1) A joint property Even though all the owners do not agree to transfer the joint property pursuant to sub-section (1), any owner may transfer the property of his or her right or portion.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 418: Joint property may be sold by way of sale:
Subsection (3)
(1) A joint property If, in making a transfer pursuant to sub-section (1), it is technically not possible to separate the right or portion of any owner from the joint property, and another owner intends to acquire such property, that other owner shall be entitled to obtain it at the price mutually agreed upon between the owners.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 418: Joint property may be sold by way of sale:
Subsection (4)
(1) A joint property If more than one owner intend to acquire the joint property, the owner who agrees to pay the highest price shall be entitled to obtain such property.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 418: Joint property may be sold by way of sale:
Subsection (5)
(1) A joint property Notwithstanding anything contained in sub-section (3), if the other owners do not intend to acquire the right or portion of any owner and it is not possible technically to separate such property and, the whole of the joint property shall be sold and the proceeds of sale shall be divided between the owners according to their respective right or portion in that property.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 418: Joint property may be sold by way of sale:
Subsection (6)
(1) A joint property If any person transfers the joint property in contravention of sub-section (1), only the transfer of the extent of his or her right or portion in such property shall be valid, and the concerned person shall be entitled to get return of the property transferred in excess of the right or portion of the transferor.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 419: Prohibition of transferring property in common without
obtaining consent: (1) No person shall, without obtaining written 230 consent of the coparceners in common, transfer a property in common to another person.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 419: Prohibition of transferring property in common without
Subsection (2)
Notwithstanding anything contained in sub-section (1), if a coparcener of the joint family is a witness to the deed of transfer of a property in common, consent of that coparcener shall be deemed to have been obtained.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 419: Prohibition of transferring property in common without
Subsection (3)
If any person transfers a property in common in contravention of sub-section (1), the transfer of title only to the extent of such right or portion that person has in that property shall be valid. The concerned coparcener shall be entitled to get back the property transferred in excess of such right or portion.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 420: Property in common may be sold for household purpose
Notwithstanding anything contained in Section 419, the person acting as the head of family may, for the household purpose, sell whole of the property in common, in the case of a movable property, and the half of such property, in the case of an immovable property, without consent of the others.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 421: Prohibition of transferring other's property:
(1) No person shall transfer a property to another person in which any one else has right and ownership.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 421: Prohibition of transferring other's property:
Subsection (2)
(1) No person shall If any person transfers a property in contravention of sub-section (1), such a deed or transaction shall be void.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 421: Prohibition of transferring other's property:
Subsection (3)
(1) No person shall If the real owner makes a claim in the property transferred pursuant to sub-section (1), the transferee of such property shall return it to the concerned owner. 231
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 421: Prohibition of transferring other's property:
Subsection (4)
(1) No person shall If a person finds any lost or stolen property, the owner of such property may claim it, along with evidence showing his or her ownership, within three years after the date on which the property was lost or stolen.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 421: Prohibition of transferring other's property:
Subsection (5)
(1) No person shall If any person claims such property pursuant to subsection (4), the finder of that property shall return it to the owner, by collecting the amount of expenses, if any, incurred in its preservation or maintenance.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 421: Prohibition of transferring other's property:
Subsection (6)
(1) No person shall Notwithstanding anything contained in sub-section (4), if a person has acquired any stolen or lost property by way of purchase at a public market or auction or bidding made publicly by any person or body, the person shall not be bound to return such property to the real owner unless and until he or she obtains the real value of such property and the fees or amount, if any, paid by him or her in the acquisition of such property.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 422: Prohibition of transferring property in duplication:
(1) No person shall re-transfer to another person a property which he or she has already transferred to some other person.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 422: Prohibition of transferring property in duplication:
Subsection (2)
(1) No If any person transfers a property in contravention of sub-section (1), the deed of transfer registered at an earlier date shall get legal validity if the transfer of an immovable property has been made, and if the transfer of a movable property has been made, the transfer to the person who acquires the property earlier shall be valid.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 423: Donation or gift incapable of being effected by guardian or
curator: No guardian or curator may donate or gift any property 232 belonging to the person under his or her guardianship or curatorship to any person.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 424: Entitlement to amount or compensation in event of deprivation
of enjoyment of property: (1) If a person transfers a property by way of sale pursuant to this Chapter and the purchaser is deprived of enjoying the property wholly or partly because of such transfer being invalid for any reason, the purchaser shall be entitled to recover from the transferor the amount paid by him or her for the property to the extent that he or she is so deprived of enjoying, an interest to be set by yearly ten percent of the amount and the registration fee or other amount, if any, he or she has paid for the transfer of that property as if it were an unsecured bond (Kapali).
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 424: Entitlement to amount or compensation in event of deprivation
Subsection (2)
If any person makes any structure in a property purchased pursuant to this Chapter and is not able to enjoy that property because of such transfer being invalid for any reason, that person may demolish and take away the structure made by him or her within six months.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 424: Entitlement to amount or compensation in event of deprivation
Subsection (3)
If any person is aggrieved from the transfer of a property in contravention of Sections 419, 421 and 422 or the failure to demolish and take away any structure pursuant to subsection (2), such a person shall also be entitled to a reasonable compensation for actual loss and damage suffered by him or her from such transferor, in addition to the amount referred to in subsection (1).
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 424: Entitlement to amount or compensation in event of deprivation
Subsection (4)
If a person who may be entitled to a donation or who is entitled to a donation or gift is aggrieved from being unable to use the property for any reason under this Chapter, the person shall be 233 entitled to get a reasonable compensation from the person making donation or gift, subject to the other Sections of this Chapter. Provided that compensation cannot be recovered in the case of a testamentary gift being void.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 424: Entitlement to amount or compensation in event of deprivation
Subsection (5)
Notwithstanding anything contained elsewhere in this Section, a person who obtains a property in any of the following circumstances shall not be entitled to recover the amount referred to in sub-sections (1), (3) and (4): (a) If he or she has obtained the property knowingly that it was other’s property or a stolen property, (b) If he or she has obtained the property knowingly that it was already transferred to another person.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 425: Right in property may be transferred by attorney:
(1) If a person appoints another person, who is competent to be an attorney in accordance with law, as his or her authorized attorney indicating the reason that he or she is not able to appear in person before the concerned office in order to sell and transfer his or her immovable property, such an authorized attorney may, on his or her behalf, sell and transfer his or her property to another person.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 425: Right in property may be transferred by attorney:
Subsection (2)
(1) If a A person may sell his or her movable property through his or her attorney or agent.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 426: Procedure to be followed by body corporate while purchasing
or transferring property: (1) If, in transferring an immovable property held in the name of a body corporate established in accordance with law, the board of directors of such a body gives power by a decision to any member of the board of directors or 234 employee of such a body to transfer the property, such a person may transfer the property on behalf of such a body.
National Civil Code 2017
Part-4
Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 426: Procedure to be followed by body corporate while purchasing
Subsection (2)
If the procedure referred to in sub-section (1) is fulfilled while purchasing or otherwise obtaining an immovable property in the name of a corporate body, the property may be purchased or obtained in the name of such a body.
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 427: Property may be purchased or obtained by other person on
one’s behalf: If, except the circumstance set forth in Section 426, a person who purchases or obtains a property in accordance with this Chapter is, for any reason, unable to appear in person before the concerned office and gives a power of attorney, accompanied by his or her citizenship certificate, to a person who is competent to be an attorney by law in relation to the purchase or obtainment of the property, such an attorney may purchase or obtain the property in the name of that person.
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 428: Property may be purchased or obtained in the name of
incompetent or quasi-competent person: A guardian or curator may acquire any property by way of donation, gift, purchase or otherwise for incompetent, quasi competent minor or a guardian or member of undivided family for the baby in the womb under his or her guardianship or curatorship.
National Civil Code 2017
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 429: Registration and deregistration of property right in which is
transferred in testament: (1) If a person transfers his or her right in a property to another person with testamentary effect and such transferor of property dies, one who obtains the property shall submit an application, accompanied by the death registration certificate as well as other evidences, to the concerned office for the 235 transmission of the property to him or her, within six months after the date of the transferor’s death.
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 429: Registration and deregistration of property right in which is
Subsection (2)
If an application is submitted pursuant to sub-section
National Civil Code 2017
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 429: Registration and deregistration of property right in which is
Subsection (1)
, the concerned office shall examine the deed maintained in it and make necessary inquiry as to whether the deed executor has died or not and the deed is void or not.
National Civil Code 2017
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 429: Registration and deregistration of property right in which is
Subsection (3)
If, upon an inquiry made pursuant to sub-section (2), it appears that the transferor of the property has died and has not got the deed voided, such property shall be transmitted to the applicant.
National Civil Code 2017
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 429: Registration and deregistration of property right in which is
Subsection (4)
If any person submits an application to the office for the transmission after the expiration of the time-limit referred to in sub-section (1), the office shall transmit such property to the applicant in accordance with such a deed, by collecting the fees by five hundred rupees for each year after the expiration of the timelimit.
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 430: Not to claim for damage, destroy or low quality: A person who
has once purchased a property from another person shall not be entitled to make a claim that such property is damaged, destroyed or of low quality. Provided that if the seller has sold the property by misrepresentation or with deviation from the particulars set forth in the deed, the purchaser shall be entitled to compensation for the same.
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 431: Property may be exchanged:
(1) Any person may exchange his or her property with another person with or without adding any amount. 236
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 431: Property may be exchanged:
Subsection (2)
(1) Any person may exchange his or A deed shall be executed in accordance with law in exchanging a property pursuant to this Act.
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 432: Restriction on transfer of immovable property to foreigner:
(1) No person shall, without obtaining prior permission of the Government of Nepal, transfer any immovable property to a foreigner but for the person who has acquired the non-resident citizenship of Nepal, it will be according to prevailing law.
National Civil Code 2017
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 432: Restriction on transfer of immovable property to foreigner:
Subsection (2)
(1) If any person transfers any immovable property to a foreigner in contravention of sub-section (1), the relevant deed shall ipso facto be void, and such property shall devolve on the Government of Nepal.
National Civil Code 2017
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 432: Restriction on transfer of immovable property to foreigner:
Subsection (3)
(1) The amount invested by the creditor in the obtainment of an immovable property pursuant to sub-section (1) shall be equivalent to an unsecured bond (Kapali).
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 433: Foreigner to transfer partition share or inheritance, if any
obtained: (1) If any foreigner obtains a partition share in or succeeds to any immovable property in Nepal, the property shall not be eligible to be transferred to or registered in his or her name nor shall he or she be entitled to enjoy the income of that property, except where so permitted by the Government of Nepal. Provided that this provision shall not apply to a person who has obtained non-resident Nepali citizenship.
National Civil Code 2017
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 433: Foreigner to transfer partition share or inheritance, if any
Subsection (2)
Any foreigner who obtains any partition share or succession pursuant to sub-section (1) shall transfer such property to a citizen of Nepal in any manner, and the concerned office shall, 237 for that purpose, issue a provisional landownership registration certificate valid for the day of transfer of right.
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 433: Foreigner to transfer partition share or inheritance, if any
Subsection (3)
If the foreigner fails to transfer a partition share or succession obtained in his or her name pursuant to sub-section (1) to a citizen of Nepal pursuant to sub-section (2) at any time, in the case of the partition share, and within three years of its obtainment, in the case of succession, the Government of Nepal shall have right in such property after the expiration of that time-limit.
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Chapter-11: Provisions Relating to Transfer and Acquisition of Property
Section 434: Statute of limitation: A lawsuit may be made within the statute of
limitation, if any, specified separately in this Chapter, at any time in the case of Section 432, and, in relation to the other cases, within six months after the date of knowledge of any act done or action taken pursuant to this Chapter, by a person who is aggrieved from such act or an action. 238
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 435: Property deemed to be mortgaged:
(1) If a debtor gives the whole or any portion of an immovable property in which the debtor has right, ownership or possession to a creditor in consideration for a loan which the debtor borrows from the creditor, entitling the creditor to possess that property with effect from the date of execution of the deed or after a certain period, such property shall be deemed to have been given in mortgage.
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 435: Property deemed to be mortgaged:
Subsection (2)
(1) If a debtor gives the whole If the deed provides that the creditor is entitled to possess the property mortgaged pursuant to sub-section (1) with immediate effect at the time of lending or after a certain period, such a mortgage shall be deemed to be a mortgage with possession (Bhogbandaki), and if the deed provides that the creditor is entitled to possess the property in the event of the debtor’s default on repayment of the loan within the deadline set by the creditor and the debtor for repayment, such a mortgage shall be deemed to be a mortgage without possession (Drishtibandhaki).
National Civil Code 2017
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 435: Property deemed to be mortgaged:
Subsection (3)
(1) If a debtor gives the whole A property to be mortgaged shall be of such nature as may be capable of being enjoyed by the mortgagee.
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 435: Property deemed to be mortgaged:
Subsection (4)
(1) If a debtor gives the whole A person shall not mortgage a property in which he or she has not right, ownership or possession or which he or she will acquire in the future.
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 436: Deed to be executed:
(1) A deed shall be executed in accordance with law for mortgaging any property pursuant to this Chapter. 239
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 436: Deed to be executed:
Subsection (2)
(1) A deed shall be executed in accordance A person executing the deed of mortgage shall be competent in accordance with law.
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 437: Mortgaged property to be possessed and enjoyed:
(1) The creditor shall possess and enjoy the property in mortgage with possession from the date of execution of the deed thereon or from a particular date, if any, specified in the deed, and the property in mortgage without possession within two years of the expiration of the date for repayment of loan by the debtor.
National Civil Code 2017
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 437: Mortgaged property to be possessed and enjoyed:
Subsection (2)
(1) The If, for any reason, the creditor is not able to possess and enjoy such property within the period referred to in sub-section
National Civil Code 2017
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 437: Mortgaged property to be possessed and enjoyed:
Subsection (1)
(1) The or if the debtor does not allow, by any means, the creditor to possess and enjoy it, the creditor may make a lawsuit in accordance with law for effecting the possession and enjoyment of such property.
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 437: Mortgaged property to be possessed and enjoyed:
Subsection (3)
(1) The If the creditor fails to possess and enjoy the property pursuant to sub-section (1) or to make a lawsuit for effecting its possession and enjoyment pursuant to sub-section (2), such a mortgage shall ipso facto be inoperative.
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 437: Mortgaged property to be possessed and enjoyed:
Subsection (4)
(1) The If the deed of a mortgage becomes inoperative pursuant to sub-section (3), the deed shall be equivalent to an unsecured bond (Kapali).
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 438: Possessory right in mortgaged property to be deemed
transferred: If any person mortgages any property, the possessory right in such property shall be deemed to have been transferred to the creditor from the date of its possession and enjoyment by the creditor. 240
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 439: Entitlement to possess as if it belonged to oneself:
(1) The creditor shall be entitled to possess and enjoy the property mortgaged to him or her and fruit, benefit and facility brought out from such property as if the same were his or her own property.
National Civil Code 2017
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 439: Entitlement to possess as if it belonged to oneself:
Subsection (2)
(1) The If the creditor is not able to possess and enjoy the property mortgaged to him or her because of its incapability of being transferred or of any hindrance or obstruction by the debtor, the debtor shall pay a reasonable compensation to the creditor for the same.
National Civil Code 2017
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 440: Duty to take reasonable care of (herbichar)  mortgaged
property: (1) After acquiring possessory right in the mortgaged property, the creditor shall take a reasonable care and protection of that property as if it were his or her own.
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 440: Duty to take reasonable care of (herbichar)  mortgaged
Subsection (2)
The creditor himself or herself shall pay the tax or charge, if any, payable by law for the possession and enjoyment of the mortgaged property. Provided that the debtor shall pay the land revenue payable by law.
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 440: Duty to take reasonable care of (herbichar)  mortgaged
Subsection (3)
If the creditor is not able to possess and enjoy the mortgaged property because of any hindrance or obstruction by any person other than the debtor, the creditor may make a lawsuit in accordance with law for its possession and enjoyment.
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 441: Interest, charge or fee not to be collected:
(1) Notwithstanding anything contained elsewhere in this Act, no creditor who has lent money against the security of mortgage with possession in a 241 property shall collect any kind of interest, charge or fee in consideration of such loan from the debtor.
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Chapter-12: Provisions Relating to Mortgage of Immovable Property
Section 441: Interest, charge or fee not to be collected:
Subsection (2)
(1) Notwithstanding After the creditor has acquired possession in the property of mortgage without possession, the creditor shall not collect any kind of interest, charge or fee in consideration for such loan.