This article will provide you with latest updated Partition Angsabanda Laws in Nepal. The article is based on legal provisions provided by Muluki Civil Code.
Table of Contents
What is partition of Property?
Partition refers to the formal division of common property among those who are lawfully entitled to it’s share. It mainly involves division of ancestral property among the coparceners. Partition remains as an integral social and legal generational tradition in Nepalese society.
Who are regarded as coparceners while doing partition in Nepal?
Husband, wife, father, mother, son and daughters are regarded as coparceners while doing partition. Ancestral Property is divided among them.
Can an unborn child receive partition share / angsa?
Yes, an unborn child can receive partition share / angsa if he/ she is to be coparcener after being born. In such case, to-be-born child’s share must be kept aside and rest of the property must be divided among other coparceners.
IAs per Partition Angsabanda Laws in Nepal, f the child so born, is not born alive then the property kept aside for him shall be divided equally among other coparceners.
Angsabanda for children whose father is not identified
Those children whose father is not identified shall receive partition from mother’s property only.
Angsabanda for children whose parents marriage is not made public
The wife or children born from a marriage which is not made public and kept as a secret, shall not be entitled to demand angsa after the death of father/ husband.
Angsabanda for second wife and children born thereof
First step : Whole property shall firstly be divided among husband, first wife and children born from first wife.
Second step : The property that falls under the share of father shall now be divided equally among husband, second wife and the children born out of second marriage.
Angsabanda of wife after husband’s death
Prevailing Partition Angsabanda Laws in Nepal provides that in case of death of husband, his partition share transfers to his wife. Thus, the widow can get separated by taking the partition share. The children, them will receive partition form mother’s part.
If the widow conducts another marriage, she will have to return it back to children form previous husband. If no children, she can keep the property to herself.
Process of Angsabanda
Angsabanda shall be conducted:
- By making a written deed (Likhat)
- Based on mutual consent of coparceners.
- In case where consent cannot be made, through lucky draw.
2. Registering Such likhat from concerned Malpot Office.
Angsabanda Likhat format
Can married daughter claim for partition share / angsa from parents?
Yes, after 2072 B.S. even married daughters can claim for partition share angsa from parents.
Can daughters claim for partition share angsa from parents?
Yes, as per new Partition Angsabanda Laws in Nepal daughters either married or unmarried daughter can claim for partition share angsa from parents.
Punishment for hiding property during partition process
If any coparceners conceal their property that is subject to partition, and if found such later he/she shall not receive any of that property. Other remaining coparceners will get that property divided equally.
When can partition angsabanda in Nepal be done?
Partition Angsabanda Laws in Nepal provides that Partition can be done under following circumstances:
- In case of mutual agreement, at any time coparceners can get separated by obtaining their partition share.
- In case the person who is acting as the head of the family ( father/ mother/ husband etc) thinks it is appropriate to do partition angsabanda, the he/ she may affect it anytime.
- In case a coparcener asks for partition and family fails to draw mutual consent, he/ she may file partition case in the concerned court.
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