मुलुकी देवानी कार्यविधि संहिता, २०७४
अंशबण्डा सम्बन्धी व्यवस्था
Nepal law and Legal Provisions regarding Shareholding
205. To be considered as sharer: For the purpose of sharing the property of Sagol, husband, wife, father, mother, son, daughter will be considered as sharer subject to other clauses of this paragraph.
206. To be entitled equally to shares: (1) Each shareholder shall be entitled equally to shares.
(2) At the time of partition, if a woman is pregnant with a partial share and the child she gives birth to is a partial share, the child born in that way should also be considered as an equal share, and the partial share shall be separated and divided.
(3) According to sub-section (2), if the pregnant woman does not give birth to a live child, the portion allotted for such child shall be equal to the other sharers.
207. Sons and daughters born from a couple whose marriage has ended will get a share: According to the law, the sons and daughters born from a couple who cannot get married, are not considered married or who have ended their marriage will get a share from such parents.
208. To get a share from the mother: (1) Sons and daughters whose father is not identified will only get a share from the mother's property.
(2) The wife who has been kept out without making a declaration or the sons and daughters born from her cannot claim a share after the death of her husband or father.
209. To receive a share from the father's or husband's share: (1) Brothers and sisters living in Sagol
210. The last wife or child shall receive a share from the share of the husband or father: (1) If a person after dividing his share with his wife, son or daughter, or having divided his share with such a person, remarries while living together, or if a son or daughter is born from the wife so married, such wife or son, daughter shall They will get a share only from the husband's or father's share.
(2) Notwithstanding anything contained elsewhere in this paragraph, if a person whose wife survives remarries without being a sharer, the share of the other sharer shall be set aside.
213. Divorce by husband or wife: Notwithstanding anything contained in section 211, husband or wife may divorce by divorcing their share at any time in any of the following cases:-
(a) if the husband or wife expels the wife or husband from the house,
(b) If the husband or wife gives physical or mental torture to the wife or husband.
214. A widow can be divided by taking a share: (1) Notwithstanding anything else written in this paragraph, a widow can always be divided by taking her share.
(2) If the widow remarries, the property that she has received as a share, if the widow has sons and daughters from her previous husband, such sons and daughters will be entitled to take it, and if not, she herself will be entitled to take the property.
215. Can relinquish share: (1) A shareholder may relinquish his share with or without taking his share or by taking only some cash or in kind for his share.
(2) According to sub-section (1), if a sharer has a husband, wife or a son or daughter who has reached the age of majority, the share can be left only with the consent of such husband, wife or son or daughter.
But the share rights of Nawalak Anshiyar cannot be waived.
(3) According to sub-section (1), it shall be treated as if it is part of him.
(4) Shareholder on surrender of share or on surrender of share
216. To be partitioned: (1) When partitioning the assets of Sagol, a deed of deed must be made in writing between the shareholders subject to this paragraph.
(2) According to sub-section (1), the assets of Sagol and the debts of Sagol should be divided in such a way that they are not increased or decreased.
Explanation: For the purposes of this paragraph, "debt of common-law" means a loan taken or committed by a person who is the head of the household or a person who is the head of the household or who has agreed with all the members or who has reached the age of home, farming, business or any other work living in the common-law or any other person who has reached the age of common-law. Debt incurred in transactions with the written consent of such person should be considered as a transaction.
(3) In the case of partition, it shall be divided according to the consent of the sharers and if such consent cannot be obtained, then the partition shall be done.
(4) If there is a dispute over any property during partition, partition shall be done after such dispute is over.
But if it takes a long time to resolve such a dispute, the disputed property can be left and other property can be divided.
217. Things to be disclosed in the deed of share: The following things must be disclosed in the deed of share:-
(a) name, surname, age, address and names of mother, father and father-in-law of the parties,
(b) the property to be acquired by the co-sharers,
(c) if there is any loan amount in the name of the shareholder, the amount of such loan amount,
(d) if a party resides with another party at the time of divorce,
(e) that the property to be distributed has not been concealed or concealed by any of the parties,
(f) details of any property after the remainder of the parents or husband and wife, if any property is to be inherited only by a sharer,
(g) If the share of any share remains in the charge of any person,
(h) Other essential matters.
218. The deed of share must be passed: (1) At the time of share share, the share share deed must be prepared and witnessed and the witness and sharer must be duly stamped on such document and submitted according to the law and passed by the relevant office.
(2) Notwithstanding anything written in sub-section (1), before the 27th Paush of the year 2034, any of the parties, with or without a deed of bond, have divided the house and taken their share according to the partition, and have already canceled the filing of their share according to the bond. In case of separate enjoyment or sale of immovable property, it will be considered as share ownership even if the deed of ownership has not been passed.
219. Property cannot be given without partition: (1) A person working as the head of the household cannot give the property of the household without partition to any sharer who has not taken a share and who is a sharer.
but,
(1) Any property may be given to any sharer with the consent of all the sharers.
(2) Property to the extent of his share may be given to any sharer even without the consent of the other sharer.
(2) According to clause (1) of the restrictive clause of sub-section (1) in the case of partition according to this paragraph, the property given to a sharer shall be divided according to the share he will get.
220. The division of property should be declared open and cancelled: (1) If a shareholder wants to divide his share, he must state the date of separation from the other shareholder and declare the division of property and debt that is in his name and that of the other shareholder as far as known.
Explanation: For the purpose of this section, "date of deemed separation" means the following date or day:-
(a) as if the date mentioned in the deed of separation,
(b) in the absence of a deed of deed of deed, the date on which the deed of deed was agreed between the parties,
(c) If no agreement is reached between the parties in accordance with clause (b), on the day before filing the appeal,
(d) In the case of a married daughter, the date of her marriage, unless otherwise agreed
(2) If there is a separate deed between any of the parties, then such deed shall be effective only from the date of passing the registration.
(3) If the person conducting the liquidation in accordance with sub-section (1) is unable to submit the distribution of the property, he must also disclose the reason.
(4) In the case of a liquidation according to sub-section (1), the person concerned shall also disclose whether or not he should give a share to the person who is liquidating and if he agrees to give a share, he shall submit the counter-affidavit of the assets and debts in his name to the court at the time of registration.
221. To be disclosed in the distribution: (1) The following details shall be disclosed when the property is distributed in accordance with this paragraph:-
(a) the location, plot number, area and estimated value of the land;
(b) If it is a house, the location of such house, plot number, area, floor, drain, floor, pavement and its estimated value,
(c) description and estimated value of movable property, if any;
(d) details of cash, if any, bank balance, shares, debentures, treasury bills, details thereof,
(e) details and estimated value of animal wealth, if any;
(e) details and estimated value of animal wealth, if any;
(f) details and estimated value of gold, silver, jewellery, if any;
(g) description and estimated value of vehicle, if any;
(h) If there are other assets other than those mentioned in Clause (a) to Clause (g), details and estimated value of such property.
(2) According to sub-section (1), if the value of any property is not disclosed or if there is a dispute regarding the value, the court shall base it on the value established by the Land Registry Office in the case of immovable property and the current prevailing market price in the case of movable property.
222. Partition should be taken and partitioned: (1) If it appears from the declaration or counter-answer filed in accordance with section 220 that partition should be partitioned, and if the partition of the property is submitted with the declaration or counter-answer, the court should divide the property by noting whether it has been concealed or hidden, and make a partition document. will fall
(2) If the distribution of assets is not submitted with the declaration or reply, the court shall demand distribution of the assets from the shareholders within the specified period and the shareholders shall deliver the property within the specified period.
223. Partition should be done on the basis of Fantwari received: (1) If the person who is required to give Fantwari of the property does not give the Fantwari within the time limit as per section 222 or if the deadline passes without submitting a reply, the court should make a partial distribution based on the Fantwari of the property given by other shareholders.
(2) According to sub-section (1), it cannot be claimed that there is a partial partition.
(3) Notwithstanding anything written in sub-section (2), if the undisclosed property is discovered only after the partition of the property given by the sharer, the court shall divide such property.
224. Can take ownership of the property by opening the lock: If the owner of the house in charge of the property has not been given the ownership of the property, if the lock of the house under his responsibility has to be unlocked and the property is to be taken, the court shall take the keys of the house, if he is a party, and if not, he shall be entitled to a share, and at least two persons including the representative of the relevant ward at the local level shall keep the lock of the house. He can take inventory of the property by setting up the details of the property until it is opened.
225. Partitioning of the property when it is brought: (1) If the person to whom the property is to be partitioned does not give the partition or if the deadline passes without submitting a reply and even the person who is to receive the share cannot give the partition of the property, the court shall issue a document of annulment of the same and the case shall be partitioned later when the partition is given. Should be kept.
(2) According to sub-section (1), if the petitioner makes a later application that the case is pending, the court shall distribute the shares among the parties in accordance with the law from the previous petition.
226. No concealment of property: (1) No one shall conceal the property to be distributed.
(2) At the time of partition or when the court asks for the distribution of the property, if it is later determined that a shareholder has concealed or concealed the property to be partitioned in his name, the person who concealed or concealed such property shall not be entitled to take such property.
(3) According to sub-section (2), the property hidden or concealed will be allowed to be taken by the other shareholders.
227. To be registered in part: If any property belonging to a sharer does not reach the sharer's right according to the law and he is not able to enjoy it, then the property equal to that has to be registered from all the sharers in a proportional calculation.
228. Non-lease of shares: Unless there is a mutual agreement between the sharers, any property received from the share is not allowed to be leased with other sharers because it has been damaged or is not liked.
229. Partitioning of assets held by mortgage: (1) If any shareholder is found to have mortgaged the property to be partitioned, the court shall, if all the shareholders agree, release such property from the property of the trustee or share it in such a way as to be liable to be released.
(2) If all the sharers cannot be approved according to sub-section (1), if it is found that the person working as the head of the household has mortgaged the property to be shared or that others who have reached the age of one household have mortgaged the property as well as the person working as the head of the household, the court shall release such property from the joint property or It will have to be distributed in such a way that there is an obligation to release it.
(3) In cases other than those mentioned in sub-section (1) or (2), if it is known that a shareholder has mortgaged the property to be partitioned, the court shall release such property from the property belonging to his/her share, or shall partition such property in such a way as to be liable to be released.
230. Property or property can be withheld until partial settlement: If the plaintiff in a partial case is found to be entitled to a share, after the division of the property has been submitted, if the court applies to the court to freeze the property or the ownership of such property to the extent of his/her share, the court may seize the property or ownership of such property according to the law. It can be withheld until the delivery is complete.
231. Partition should be arranged in such a way that there is a way or exit: If there is no way or exit to come and go to the house or land belonging to a sharer and if it is possible to give him a way or exit from the land of another sharer, then the related sharer must provide a way or exit to such house or land. will have to do.
232. Debtor should not be appointed in a partial bond without taking the creditor's consent: (1) In the case of partial bond, without taking the creditor's consent, a partial bond cannot be done in such a way that only one of the parties is responsible for paying the debt of the debtor.
(2) Contrary to sub-section (1), even if any party has been assigned to pay the debt of the creditor, if the creditor does not approve, all the parties shall have an equal share of the debt of the party.
233. Compensation should be paid if the person who does not get a share cancels: If it is determined that the person who does not receive a share has requested to receive a share, the court should pay a reasonable amount of compensation to the defendant if the defect is opened by the missile, and if the defect is not opened, considering his position, the person who did the cancellation must pay the amount of reasonable compensation to the defendant.
234. Part, money or expenses can be paid: (1) If the person who receives part, money or expenses from a person according to the judgment files an application in the court first to decide without receiving the part, expenses or money, and if the parties are the same, the court should pay the part, expenses or money as soon as possible according to the judgment. will fall
(2) If the portion, expenses or amount is not given according to sub-section (1), the person who is required to pay the portion, expenses or amount shall also pay reasonable compensation to the petitioner.
235. Limitation: A person who is aggrieved by the actions taken in accordance with this paragraph may file a complaint as follows:-
(a) If there is no share or if there is a deed of Goshwara when there is a share and even if there is no deed, whenever both parties have enjoyed it by calculation,
(b) If the partial bond is not satisfied, within three months from the date of such bond,
(c) in respect of concealment or concealment of property during the lifetime of the party,
(d) Within six months from the date of such action, except from the time written in clauses (a), (b) and (c).
236. Deemed to be a share: (1) A share held in accordance with the law before the commencement of this Code shall be deemed to be a share in accordance with this Code.
(2) Notwithstanding anything contained in sub-section (1), if any person has taken part in life before the commencement of this Code, he shall be deemed to have taken part.
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