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Court Process of Family Property Disputes in Nepal
Court Process of Family Property Disputes in Nepal
Introduction
Disputes on family properties occur generally when family members do not have a consensus on ancestral properties. Property division should be done equally among co-parceners within a family. (Angasabanda). If you have any legal disputes related to property, then choose the best property Lawyers in Nepal to solve you dispute.
Disputes related to the partition/separation of family property is governed by the family law of Nepal. Legal provisions relating to the partition of family property are incorporated in Part-3 of Muluki Civil Code, 2074.
When and How Family Property Separation is Possible?
- Partition/division of family property can be claimed by any co-parceners anytime.
- Family property also debt (loan) is divided among co-parceners equally.
Nature of Family Properties that are Divisible Among Co-Parceners
- Hereditary or ancestral property of the father or grand-father. (Purkheuli Sampati)
- Properties earned and increased from the family’s investments (Purkheuli lagani bata badi-badayako sampati)
- Property owned and earned by husband and wife while living together.
- Common family property is possessed by any family member.
What Kind of Properties are not Divided Among Members of Family?
- Property owned or bought with your own investment if proved.
- Insurance
- Gifts & Awards/Dowry
Who are Co-Parceners (Angshiyar) for Family Property
Main co-parcener are:
- Father, Mother, Sons and Daughters.
- Family property shall be equally divided among all main co-parceners.
- Partition/ divided part of husband/father’s share shall be further divided to his wife and children
Process of Family Property Division in Nepal
A. Partition on mutual consent of co-parceners:
- Partition/Division balancing high and less valuable properties with consent of all coparceners.
- Partition/Division deed in written format is mandatory with prescribed legal criteria.
Note: Deed of partition should be registered in Land Revenue Office (Malpot).
B. Division of Property by the Court if Co-Parceners do not Agree on Mutual Consent
Court Process for Family Property Disputes in Nepal: Property Lawyers in Nepal
| S.N. | Court Process for Family Property Disputes in Nepal | Institution |
| Step 1 | File a case in the district court claiming the family property of your part. | District court of your jurisdiction |
| Step 2 | Submit withhold application along with an inventory of family property. | Hearing on application |
| Step 3 | Order of the court to withhold all disputed family properties | Order to the Land Revenue office (Malpot) |
| Step 4 | Reply or defense from other co-parceners. | District Court |
| Step 5 | Examination of property inventories and a witness. | Court |
| Step 6 | Final decision of the district court. | |
| Step 7 | Appeal by any party to the case | High court |
| Step 8 | Implementation of court decision | District court |
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