Ancestral Property is the first source of wealth for most people in Nepal. This the property of the children over the property of the parents. Some have even amassed a fortune for the sake of their children. There is a tradition of amassing wealth for oneself and one’s children, whether through corruption or amassing immeasurable wealth.
In Nepal, the children of the person concerned can claim . If the daughters are already married, they cannot claim . However, in the absence of sons, even married daughters automatically claim the ancestral property.
Who has the right to ancestral property?
In the case of Nepal, only his children have the right to claim . However, in some cases, since there are no children to claim , the siblings can also claim the property. If no one is claiming the property, he can box the property to the person he wants.
In Nepal, it is customary to give property to sisters in boxes. It is customary to give one’s property in a box to a person who protects and nurtures oneself in old age. But, in general, the ancestral property is inherited by the main shareholders. There is a legal provision for the chief shareholder to distribute .
Anshiyar, who is a witness, cannot claim that the ancestral property has been sold and distributed so much. Since he also has approval, he cannot claim. People who buy property do not have to be witnesses. But, you have to be a witness while selling and to be a witness is to be with his consent. Therefore, he is not allowed to claim the property. Anshiyar, who is not a witness, can claim the case by changing the instrument in the court within the stipulated time.
Step 1: File the issue
In order to make a claim, the person has to prepare a complaint and file the case in the district court under his jurisdiction. An affidavit is an instrument to register a case. The person (party) filing the case is the plaintiff and the person against whom the case is registered is the defendant. The petition is prepared by the legal practitioner and the case can be taken forward by registering the petition in the court.
He is not considered to have resigned as a lawyer on the basis of filing a complaint. Deferring a lawyer is a matter of filing a case. Dismissing a lawyer means that I have appointed a certain lawyer to represent me in the court of law.
After the registration of the affidavit, the concerned court should give the statement of affidavit to the defendant. Defendant must then respond within the prescribed time. Otherwise, the case goes to court and both parties have to sit on the date. On the day of the hearing, lawyers from both sides argue before a respected district court judge.
As the debate progresses, the court may also withdraw witnesses. After that, the court also orders to take the measurement map from the concerned landlord if there are any undocumented documents left.
Step 2: Court decision
If the claimant of ancestral property is not able to gather the necessary evidence, his evidence will not be strong on the basis of facts. Proof that the plaintiff is a shareholder is evident from his birth certificate and citizenship certificate. The judge makes the appropriate decision based on all the evidence and the lawyer’s argument.
In order to implement the decision, the court has to send a copy of the decision to the concerned Land Revenue Office. The process of filing should be expedited for implementation in the Land Revenue Office as per the decision paper. There is no set time frame for this.
Step 3: Implement the decision through landlord
According to the decision of the court, the red deed is prepared in the name of the person in whose name the deed of the property has to be made. This provision has been clearly provided in the Civil Code Act 2074 BS.
Daughter Cheli, who has been married off to her ancestral property, is not allowed to claim it. However, if there is no other shareholder, there is a provision to claim the right. In the absence of a shareholder, the property owner can give the remaining box to any person of his choice.
There is a legal provision to take care of the surviving person of the property owner and after donating the posthumous work, kiriya, pind, the person who has been given the remaining box certificate can make a death certificate and take the property in his name on the basis of it.