In Nepal, property division among family members, or coparceners, is governed by the Civil Code of 2017. This article breaks down the key aspects of property division, the rights of beneficiaries, the process involved, and property law in Nepal.
Who are the Beneficiaries?
The Civil Code recognizes several categories of beneficiaries, including husbands, wives, fathers, mothers, sons, and daughters. Regardless of gender or marital status, all beneficiaries have equal entitlement to the partition share of the property.
By the Civil Code of Nepal, certain types of property are eligible for division among coparceners. These include ancestral property, increased ancestral property, and property invested in ancestral or patrimonial estates. Ancestral property refers to assets passed down through generations, while increased ancestral property includes additions or improvements made to the original ancestral estate. Additionally, any property acquired through investments in ancestral or patrimonial estates is subject to division among shareholders. The Civil Code specifies these categories of property as eligible for sharing, ensuring equitable distribution among beneficiaries.
Certain types of property are exempt from division among coparceners under Nepalese law. Property acquired through personal knowledge, skills, or efforts of an individual is considered private and not subject to sharing. This includes assets earned through one’s work or expertise, which remain the sole property of the individual. Furthermore, a woman’s dowry or property obtained through her earnings or from her maternal home is considered her separate property and is not divided among coparceners.
Rights to Mother’s Property
In cases where the father is absent, children are entitled to their partition share from their mother’s property. However, children born from undisclosed marriages or relationships may not have the same rights.
Prohibition of Hiding Property
According to section 226 of the Civil Code, 2017 concealing or hiding property liable for partition is prohibited. Those found guilty of such actions forfeit their rights to the concealed property.
Disposal of Ancestral Property
Ancestral property cannot be transferred without effecting proper partition. However, coparceners can dispose of their rights through written deeds, either wholly or partially.
Dispute Resolution
Disputes over property partition are handled by the district court. If a coparcener conceals property or acts with ill intentions, the court may exclude them from the partition process.
Required Information for Filing a Case regarding partition of property
To file a case for property division, shareholders must provide detailed information about all stakeholders, ancestral land, capital assets, cash, livestock, and other valuable possessions.
Time Limits for Filing Cases
There is no specific time limit for filing a case for property division if properties have not been used or divided. However, if a division has occurred and a shareholder is dissatisfied, they must file a complaint within three months of the division.
Considerations When Dividing Property
When dividing property, it’s essential to consider various factors to ensure a fair and equitable distribution among coparceners. The rights of unborn children must be taken into account if a pregnant shareholder is involved, ensuring their future entitlements are safeguarded.
Any mutual agreements among shareholders regarding the timing and process of division should be respected, promoting harmony within the family. Transparency and thorough documentation of all assets are crucial to prevent disputes and ensure a smooth partition process. By addressing these considerations thoughtfully, stakeholders can navigate property division with clarity and fairness.
Conclusion – Property Law in Nepal
In conclusion, property division in Nepal is governed by the Civil Code of 2017, ensuring equitable distribution among coparceners. Recognizing the rights of all beneficiaries, regardless of gender or marital status, the law outlines both eligible and exempt properties for sharing.
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