In Nepal, the partition of property is primarily governed by the Muluki Civil Code, 2017 (2074). Partition refers to the legal division of ancestral property among coparceners—those who hold equal rights in the property. Under Nepali law, the wife, husband, father, mother, son, and daughter are considered coparceners and enjoy equal rights in ancestral property.
Property subject to division:
- Patrimonial Property
- Added or extended property with an investment on or from ancestral or patrimonial property
- Common Family property possessed by any family members
- Property owned and earned by husband and wife while living together
Property not subject to division:
- Property acquired through personal Knowledge, skills or efforts (Personal property)
- In the case of women, property collected as a part of Dowry or received as a gift at the time of marriage
Who can File the case for Partition?
- Case can be filed regarding Partition by any coparceners anytime.
Note: Debt (loan) is also divided among the coparceners equally.
Process of Property Division in Nepal:
- Partition on Mutual Consent of Coparceners by making a partition deed in written format as per the consent.
- Partition of Property by Court; if the coparceners do not agree
Step 1: Filing the plaint claiming the property along with withhold application
Step 2: Court Order to withhold all disputed property to Land Revenue office (Malpot karyalaya)
Step 3:Written response or defense from other coparceners
Step 4: Examination of property inventories and witness by the court
Step 5: Judgment of the Court
Disclaimer: This content is provided for general informational purposes only and does not constitute legal advice. For personalized assistance or legal interpretation, please contact Vimarsha Law Associates.