Civil and Property Litigation

Civil and Property Litigation

Civil and Criminal litigation covers the vast majority of legal disputes in Nepal, ranging from family inheritance to multi-million dollar corporate breaches.

Civil litigation in Nepal has been modernized through the National Civil Procedure (Code) Act, 2017. Property disputes often involve complex layers of family history, property titles, or intricate corporate contracts. In Nepal, the District Courts hold original jurisdiction over most civil matters, while High Courts and the Supreme Court handle appeals and revisions.

Our Civil and Property Lawyers' team are specializes in below services:

  • Property and Land Disputes: Navigating the complexities of land ownership, boundaries, and "Ansha" (partition of ancestral property).
  • Family Law: We provide empathetic yet firm representation in divorce proceedings, child custody battles, and alimony claims.
  • Torts and Civil Liabilities: Seeking compensation for wrongs committed against individuals, whether through negligence or intentional harm.
  • Contractual Disputes: Handling breaches of agreement between individuals to  ensure specific performance or monetary recovery.
  • Recovery of Money and Damages: From loan defaults to liquidated damages, our civil litigation attorneys in Nepal specialize in the recovery of dues through both summary and regular trial procedures.
  • Injunctions and Declaratory Suits: We assist clients in obtaining urgent court orders (stay orders) to prevent the alteration of a status quo or to declare a legal right over an asset.
  • Corporate & Shareholder Disputes: Representing institutional clients in intra-company conflicts and liquidation proceedings.

Approach to Civil Litigation

A Civil or Property Case Lawyer in Nepal must be a master of the Limitation. Missing a statutory deadline can result in the loss of a claim regardless of its merits.
Strategic Drafting: We craft precise plaints (Fidari-patra) and written statements that anticipate the opponent's strategy.
Interim Reliefs: Seeking injunctions and stay orders to protect our client's interests while the case is sub-judice.
Judgment Execution: Obtaining a court decree is only half the battle; we ensure that the 

 


 

Property Cases Litigation Services

Property Cases Litigation Services

Property litigation in Nepal has been modernized through the National Civil Code and Procedure Act, 2017. Property law focuses on the enforcement of rights, compensation for damages, and the resolution of private disagreements.

Land is the most litigated asset in the Nepalese judiciary. As leading land dispute and Property lawyers in Nepal, we handle:

Land and House Ownership Disputes

Land and House Ownership Disputes

Conflicts regarding the validity of land titles (Lalpurja) often arise due to fraudulent transfers or overlapping claims. We conduct thorough title searches and represent clients in suits for the cancellation of forged documents (Likhat Badar).

i. Property Partition (Ansha Banda) Cases
     A unique aspect of Nepali law is the right to ancestral property. Our property partition lawyers in Nepal help coparceners (family members) claim their rightful share through:

ii. Mutual Consent Partition: 
     Drafting and registering partition deeds (Banda-patra).

iii. Court-Ordered Partition: 
     Filing suits (Ansha Chhutyaune) when family members refuse to divide property fairly.

iv. Boundary and Possession Disputes
      We resolve issues of encroachment (Jagga Khichola) and trespassing by coordinating with land survey offices and presenting technical evidence in court to restore peaceful possession.

v. Inheritance and Succession Conflicts
     Our team provides guidance on the Succession chapter of the Civil Code, ensuring that assets are distributed according to legal hierarchy or testamentary wills.

vi. Real Estate and Construction Litigation
      For developers and buyers, we handle disputes arising from joint venture agreements, construction delays, and non-compliance with building codes or environmental regulations.

Court Representation for Property Cases

Court Representation for Property Cases

The litigation journey starts and governed by the National Civil Procedure Code, 2074.

a. Filing of Civil Suits

Most civil and property cases originate in the District Courts. The process begins with the drafting of a Plaint (Firad-patra), which must clearly state the facts, the cause of action, and the specific relief requested.

b. Evidence, Hearings, and Arguments
    Following the defendant’s Written Statement (Jawab-patra), the case enters the evidence phase. This involves:

  • Witness Examination: Questioning and cross-examining individuals to verify facts.
  • Documentary Evidence: Presenting land records, contracts, and financial receipts.
  • Local Inquiry (Sarjamin): In land cases, the court may conduct a physical inspection of the property.

c. Appeals to High Courts and Supreme Court

Dissatisfied parties have a constitutional right to appeal. We represent clients in appeals before the High Courts and file petitions for Revision or Review in the Supreme Court of Nepal for cases involving significant legal questions.

Experienced Property Lawyers in Nepal

A skilled property  lawyer in our firm does more than argue in court they act as a strategic advisor for your risk minimizing, efficient resolution, right protection. 

Contact our experts
Consult Lawin and Partners

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