Partition Law in Nepal – Easy latest provisions 2081

This article will guide you through all the provisions relating to partition law in Nepal.

Partition refers to the division of ancestral property into parts; among the people who are legally entitled to the share of it i.e. coparceners. It is a process by which common owners of the property divide it into multiple separate divisions to take their own share of the property. Partition law in Nepal is more or less influenced by hindu religious practices.

Partition law in Nepal is guided by Muluki Civil Code, 2074. According to the code, for the purposes of apportionment of property in common, the husband, wife, father, mother, son, and daughter shall be deemed to be coparceners. And each coparcener shall have equal entitlement to partition share.

Interestingly, 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 only after setting aside his or her partition share of the property.

Partition Right of Daughter

Partition Right of Divorced Woman

According to partition law in Nepal, If divorce is caused due to the fault of the husband, the partition of property takes place first between husband and wife, and then the divorce is effected. The wife needs to make claim for the property while the divorce procedure is carried out.

Partition Right of Second/ Later Wife/ Children

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.

Partition of Private Property

Personal property need not to be divided while partition. Personal property means following property:

• Property earned by way of his or her knowledge, skills or effort,
• Property acquired by way of donation, bequeath, or succession,
• Property acquired by way of a lottery or gift,
• Property acquired by way of remuneration, gratuity, pension, medical expense, provident fund, insurance or other social security,
• Property acquired by way of intellectual property or royalty,
• Property acquired in any manner whatsoever while living apart by separating bread and board in accordance with law or while managing one’s accommodation at one’s cost despite not so living apart,
• Property earned or acquired by a woman prior to marriage or acquired from her parental side at the time of marriage or accrued therefrom,
• Property so granted to a woman by the husband or with consent of all coparceners of the husband side that she will have exclusive right in it or movable or immovable property received from the relatives or friends of the husband side and property accrued therefrom,
• Property which, according to law, is considered to be the exclusive private property of a person.

Process of Partition- Partition Law in Nepal –

Step 1: Preparing deed of partition. The deed of partition shall be drawn up in the presence of witnesses, bear signature and thumb-impression of the witness and the coparcener

Step 2: Register the deed in the concerned office.

Matters to be specified in the Deed of Partition

The following matters shall be specified in the deed of partition:

• Name, surname, age, and address of every coparcener and that of his or her mother, father, grandfather, and grandmother,
• Property to be received by the coparceners,
• If the part of a coparcener involves debts, money receivable, amount of such debts and money,
• If, upon partition, any coparcener is to live with another coparcener, that details thereof,
• A matter to the effect that no coparcener has hidden or concealed any property subject to partition,
• If any property is to devolve on a coparcener only, upon the death of the father, mother, husband, or wife, details thereof,
• If the partition share of any coparcener is to be entrusted to anyone, details thereof.

Matters to be set out in Inventory

According to the prevailing partition law in Nepal, following matter should be specified in inventory :

(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), the story of the house, whether it is concretely built or mud made, and the 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, (e) In the case of livestock, details and approximate value thereof

(f) In the case of gold, silver, and jewelry, details and the 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 in clauses (a).

Also read Company registration Process in Nepal.

For Answers and Questions