Deed To Be Executed | Section 436 | National Civil (Code) Act, 2017

National Civil (Code) Act, 2017

Section 436

Deed To Be Executed

(1) A deed shall be executed in accordance
with law for mortgaging any property pursuant to this Chapter.
234
(2) A person executing the deed of mortgage shall be
competent in accordance with law.

National Civil (Code) Act, 2017

Preliminary

Chapter - 1

Section 1: Short Title And Commencement Section 2: Definitions Section 3: Not To Prejudice Special Legal Provisions

Chapter - 2

Section 4: Principles And Provisions Applicable Generally Section 5: Ignorance Of Law Not To Be Excused Section 6: Act Against Public Interest Not To Be Carried Out Section 7: Act Contrary To Law To Be Invalid Section 8: A Wrongdoer To Bear Liability For Loss Or Damage Section 9: Act Causing Nuisance To Other Not To Be Done Section 10: Not To Enjoy Benefit Of Wrong Section 11: Act Against Interest To Be Invalid Section 12: Personality To Be Recognized Section 13: Good Neighborhood To Be Maintained Section 14: Not To Be Relieved From Civil Liability Section 15: Custom Or Tradition Contrary To Law Not To Be Recognized Section 16: Applicable To Foreigners As Well

Chapter - 3

Section 17: To Be Equal Before Law Section 18: Discrimination Not To Be Made Section 19: Discrimination Not To Be Deemed Where Special Provision Is Made Section 20: Guarantee Of Freedoms And Rights Section 21: Right To Privacy Deemed To Be Violated Section 22: Right To Make Contract Section 23: No Taxation Except In Accordance With Law Section 24: Not To Employ In Work Against Will Section 25: Property Not To Be Acquired, Requisitioned, Auctioned Or Forfeited Section 26: Complaint May Be Filed Section 27: Compensation To Be Awarded Section 28: Compensation For Filing False Complaint Section 29: Statute Of Limitation

Law Relating to Persons

Chapter - 1

Section 30: To Be Recognized As Person Section 31: Right To Name Section 32: To Attain Competency Section 33: To Be Considered Incompetent Section 34: To Be Considered Quasi-competent Section 35: To Be According To Court Decision Section 36: Physical Examination Or Change Of Organ May Be Made Section 37: Power To Specify Method Of One’s Cremation, Obsequies Rites Or Funereal Acts Section 38: Power To Donate Corpse Or Organ Section 39: To Be Considered Address Of Residence Section 40: Presumed To Be Dead Section 41: Statute Of Limitation

Chapter - 2

Section 42: Legal Person To Acquire Competency Section 43: To Obtain Legal Competency Upon Incorporation Section 44: Legal Competency Deemed To Be Acquired, Ipso Facto Section 45: Address Of Location Of Legal Person Section 46: Management And Operation Of Legal Person Section 47: Operation Of Business Of Legal Person Section 48: Right Or Liability To Devolve Upon Merger Of Legal Person Section 49: Legal Person May Become Agent Section 50: Not To Participate In Decision-making In Case Of Conflict Of Interest Section 51: Legal Person To Be Liable Section 52: Assets Or Liability To Be Settled Section 53: Statute Of Limitation

Chapter - 3

Section 54: Bankruptcy Proceedings May Be Initiated Section 55: Petition To Be Filed To Initiate Bankruptcy Proceedings Section 56: Notice To Be Given To Creditor Section 57: Notice To Be Given To Borrower Section 58: Order To Be Given To Initiate Bankruptcy Proceedings Section 59: Transaction To Be, Ipso Facto, Stayed Or Void Section 60: Opportunity To Be Provided To Reconcile Sum Of Debts Section 61: Priority Order Of Paying Debt Or Liability Section 62: Debt Of Creditor Who Shows Excess Debt Not To Receive Priority Section 63: Property To Be Set Aside Section 64: Assets Not To Be Concealed Section 65: Status Of Bankruptcy To Be Terminated Section 66: Statute Of Limitation

Family Law

Chapter - 1

Section 67: Marriage Deemed To Be Concluded Section 68: Marriage To Be Inviolable Social Bond Section 69: Freedom Of Marriage Section 70: Marriage May Be Concluded Section 71: Marriage Not To Be Concluded Section 72: Marriage To Be Void Section 73: Voidable Marriage Section 74: Marriage To Be Deemed Concluded If Child Is Born From Physical Intercourse Section 75: No Lawful Rights Of Child Already Born To Be Prejudiced Section 76: Marriage To Be Registered Section 77: Marriage By Registration Section 78: Decision To Be Made As To Whether Marriage Is Capable Of Being Concluded Section 79: Deed Of Consent To Be Prepared Section 80: Provisions Relating To Registration Of Marriage Section 81: Provision Relating To Use Of Surname By Married Woman Section 82: Matrimonial Relationship Deemed To Be Terminated Section 83: Re-marriage May Be Concluded Section 84: Statute Of Limitation

Chapter - 2

Section 85: To Be Considered Husband And Wife Section 86: Relation And Obligation Of Husband And Wife Section 87: Husband's Home To Be Considered Residence Section 88: To Be Considered Each Other's Agent Section 89: To Provide, Or Cause To Be Provided, Maintenance In Accordance With Reputation Section 90: Household Affairs To Be Managed By Consent Section 91: Not To Preclude From Exercising Profession, Business Or Occupation Section 92: Statute Of Limitation

Chapter - 3

Section 93: Divorce May Be Effected By Consent Of Both Section 94: Husband May Effect Divorce Section 95: Wife May Effect Divorce Section 96: Petition To Be Filed For Divorce Section 97: Mediation To Be Made Between Husband And Wife Section 98: Divorce To Be Effected Section 99: Partition Of Property To Be Effected Before Divorce Section 100: Order To Pay Lump Sum Amount Or Alimony Section 101: Order To Provide Maintenance Costs Section 102: To Be According To Agreement Section 103: Previous Child Or Husband To Obtain Property Section 104: Statute Of Limitation

Chapter - 4

Section 105: Maternity Or Paternity To Be Determined From Mother Or Father Section 106: Child Presumed To Be Born From Married Husband Section 107: Paternity May Be Denied Section 108: Son, Daughter Or Paternity To Be Claimed Section 109: Paternity Of Child Born From Artificial Insemination To Be Of Father Section 110: To Be According To Court's Decision Section 111: To Obtain Name And Surname Section 112: Name Of Mother, Father, Grand-father And Grand-mother May Be Mentioned Section 113: Birth Of Son, Daughter To Be Registered Section 114: Obligation To Care And Maintain Section 115: To Be Under Custody Of Mother Or Father Section 116: Obligation To Take Necessary Care And Provide Maintenance Section 117: Facility Of Visit To Be Provided Section 118: Rights Of Son, Daughter Remain To Exist Section 119: Prohibition On Living Separately Without Consent Section 120: Minor Not To Work As Labor Section 121: Decision Of Father, Mother Taking Custody Of Minor To Prevail Section 122: Son Or Daughter To Honor, Respect And Care Mother, Father Section 123: Statute Of Limitation

Chapter - 5

Section 124: To Be Under Supervision And Control Of Father And Mother Section 125: Parental Authority To Be Exercised Jointly Section 126: Rights, Responsibilities And Duties Of Person Exercising Maternal And Parental Authority Section 127: Prohibition On Discrimination Section 128: Special Care To Be Taken Section 129: Power To Cause Minor To Improve Conduct And Habit Section 130: Authority Deemed To Be Provided To Exercise Right Section 131: Guardian Or Curator May Also Exercise Parental Authority Section 132: Power To Restrict Parental Authority Section 133: Termination Of Parental Authority Section 134: Statute Of Limitation

Chapter - 6

Section 135: To Be Considered Guardian Section 136: Priority Order Of Guardian Section 137: Other Person Considered To Be Guardian Section 138: Organization Considered To Be Guardian Section 139: Guardian May Be Appointed By Court Section 140: Supervisor May Be Designated Section 141: Disqualifications For Guardian Section 142: Maintenance And Care Of Incompetent Or Quasi-competent Person Section 143: Property To Be Supervised, Protected And Managed Properly Section 144: To Maintain Books And Accounts Accurately Section 145: Power To Institute Legal Action Or Defend Case Section 146: Power To Act On Behalf Of Incompetent Or Quasi-competent Person Section 147: Act May Be Carried Out Only In Consonance With Terms Section 148: Termination Of Guardianship Section 149: Guardianship Not To Be Transferred To Successor Section 150: Power To Recover Expenses Section 151: Amount Of Loss And Damage May Be Recovered Section 152: Statute Of Limitation

Chapter - 7

Section 153: To Be Curator Of Minor Section 154: Curator Of Person Of Unsound Mind Section 155: Mother To Become Curator Of Minor Section 156: Body Corporate To Become Curator Section 157: Court May Appoint Curator Section 158: Qualifications Of Curator Section 159: Curator To Take Custody Of Property Section 160: Power To Use Property Section 161: Power To Spend Immovable Property With Court's Permission Section 162: Property To Be Taken Care Of And Protected Rationally And Carefully Section 163: Transfer Of Title, Ipso Facto To Be Void Section 164: Curatorship To Be Terminated Ipso Facto Section 165: Custody Of Property May Be Handed Over Section 166: Requirement To Certification By Court Section 167: Application Of Other Provisions Section 168: Statute Of Limitation

Chapter - 8

Section 169: To Be Deemed Adopted Son Or Adopted Daughter Section 170: Adoption To Be Effected In A Manner To Protect The Best Interests Of Child Section 171: Prohibition On Adoption By Person Having Child Section 172: Adoption May Be Effected Section 173: Adoption Not To Be Effected Section 174: Difference Of Age Between Adopter And Adoptee Section 175: Consent To Be Obtained For Adoption Section 176: Adoption Deemed To Have Been Effected By Couple Themselves Section 177: Procedures For Effecting Adoption Section 178: Entitlements And Rights Of Adopted Son Or Daughter Section 179: Surname Of Adopted Son Or Daughter Section 180: Not Allowed To Claim Partition Share Of Father And Mother Section 181: Adoptive Person's Obligations Section 182: Obligations Of Adopted Son Or Daughter Section 183: Facility Of Visit And Making Correspondences To Be Provided Section 184: Adoption To Be Void Section 185: Voidable Adoption Section 186: Termination Of Adoption Section 187: Statute Of Limitation

Chapter - 9

Section 188: Inter-country Adoption Deemed To Be Accepted Section 189: Adoption Not To Be Effected Without Obtaining Permission Section 190: Best Interests Of Minor To Be Ensured In Granting Permission For Adoption Section 191: Child Eligible To Be Given For Adoption Section 192: Foreigner Eligible For Adopting Son Or Daughter Section 193: Provision Relating To Inter-country Adoption Board Section 194: Application To Be Filed For Adoption Section 195: Provisions Relating To Selection Committee Section 196: To Make Recommendation By Selecting Person Effecting Adoption And Child Section 197: Permission To Be Granted For Adoption Section 198: Special Provision Relating To Selection Of Families For Minors In Need Of Special Care Section 199: Special Provision Relating To Permission To Be Granted For Adoption Section 200: Details To Be Forwarded Section 201: To Monitor Section 202: Case May Be Filed Section 203: Provisions Of The Act To Be Applicable Section 204: Statute Of Limitation

Chapter - 10

Section 205: To Be Deemed Coparcener Section 206: Equal Entitlement To Partition Share Section 207: Son And Daughter Born From Couple Whose Matrimonial Relationship Is Dissolved To Obtain Partition Share Section 208: To Obtain Partition Share From Mother Section 209: To Obtain Partition Share From Part Of Father Or Husband Section 210: Latter Wife Or Child To Obtain Partition Share From Part Of Husband Or Father Section 211: Right To Obtain Partition Share Section 212: Separation May Be Effected At Anytime Section 213: Husband Or Wife May Get Separated By Obtaining Partition Share Section 214: Widow May Effect Separation By Taking Her Partition Share Section 215: Relinquishment Of Partition Share Section 216: Partition To Be Effected Section 217: Matters To Be Specified In Deed Of Partition Section 218: Deed Of Partition To Be Registered Section 219: Prohibition Of Providing Property Without Effecting Partition Section 220: Lawsuit To Be Filed By Setting Out Inventory Of Property Section 221: Matters To Be Set Out In Inventory Section 222: Partition To Be Effected By Taking Inventory Section 223: Partition To Be Effected On The Basis Of Inventory Received Section 224: Power To Take Inventory By Breaking Padlock Section 225: Partition To Be Effected When Inventory Produced Section 226: Prohibition Of Concealing Or Hiding Property Section 227: Partition Share To Be Reimbursed Section 228: Partition Share Not To Be Exchanged Section 229: Partition Of Pledged Or Mortgaged Property Section 230: Power To Withhold Property Or Income Until Partition Is Effected Section 231: Partition To Be So Effected As To Have Provision Of Way Or Passage Section 232: Debtor Not To Be Specified Without Consent Of Creditor Section 233: Compensation To Be Paid If Lawsuit Filed By Person Not Entitled To Partition Section 234: Partition Share, Money Or Expenditure May Be Awarded Section 235: Statute Of Limitation Section 236: Partition Deemed To Be Executed

Chapter - 11

Section 237: Succession Deemed To Be Opened Section 238: Heir Entitled To Succession Section 239: Order Of Preference Of Heirs For Succession Section 240: Distant Heir Entitled To Succession Section 241: Maintaining And Caretaking Heir Entitled To Succession Section 242: Separated Heir Entitled To Succession Section 243: Maintaining And Caretaking Person Entitled To Succession Section 244: Not To Be Obliged To Accept Succession Section 245: Disqualified For Succession Section 246: Obligations And Rights Of Person Upon Whom Succession Is Devolved Section 247: Creditor May Recover Debt Section 248: Local Level To Receive Property Under Succession Section 249: Succession To Property Of Foreigner Died In Nepal Section 250: Statute Of Limitation

Laws Relating to Property

Chapter - 1

Section 251: Deemed To Be Property Section 252: Property Deemed To Be In Movable Or Immovable Form Section 253: Property Deemed To Be Immovable Section 254: Property Deemed To Be Movable Section 255: Classification Of Property According To Ownership Section 256: Property Deemed To Be Private Property Section 257: Property Deemed To Be Property In Common Section 258: Property Deemed To Be Joint Property Section 259: Trees, Plants Or Goods On Boundary To Be Deemed Joint Property Section 260: Management, Protection And Maintenance Of Joint Property Section 261: Prohibition Of Alteration In Joint Property Without Consent Section 262: Legal Action Or Defense May Be Made By Any Owner Of Joint Property Section 263: Separation Of One’s Share From Joint Property Section 264: Provisions Relating To Community, Public, Government And Trust Properties Section 265: Statute Of Limitation

Chapter - 2

Section 266: Ownership To Be Deemed Section 267: Right Of Owner Section 268: Possessory Right To Be Deemed Section 269: When Possessory Right Can Be Acquired Section 270: Person Competent To Acquire Possessory Right Section 271: Rights Of Possessor Section 272: Circumstances When Possessory Right Is Extinguished Section 273: Adverse Possessory Right To Be Deemed Section 274: Compensation To Be Paid Section 275: Statute Of Limitation

Chapter - 3

Section 276: Prohibition Of Use, Temperance Or Acquisition Of Other's Property Section 277: Property To Be Inviolable Section 278: Safety Measures To Be Adopted Section 279: Prohibition Of Building A House In Other's Land Without Consent Section 280: To Leave Land While Putting Window Section 281: Prohibition Of Channeling Water Of House Or Roof Section 282: Prohibition Of Making Safety Tank Adjoining To Neighbor's Land Section 283: To Leave Land While Digging Well Or Kuwa Section 284: Prohibition Of Planting Trees Or Plants Causing Effect Section 285: Compensation To Be Recovered Section 286: Statute Of Limitation

Chapter - 4

Section 287: Prohibition Of Use Of Other's Land Section 288: Requirement To Allow Land To Be Used For Ditch Section 289: Prohibition Of Using Whole Water Of River Or Stream Section 290: Prohibition Of Making New Ditch Affecting Irrigated Field Section 291: Use And Allocation Of Ditch Water Section 292: Prohibition Of Alteration In Ditch Without Consent Section 293: One Who Does Not Make Labor Or Expenses In Making Ditch Not Allowed To Use Water Section 294: Construction Of Ditch Or Use Of Water With Mutual Consent Section 295: Cultivation Of Land Adjacent To River Bank Section 296: Prohibition Of Registration Section 297: Transmission And Registration And Deregistration To Be Effected Section 298: Statute Of Limitation

Chapter - 5

Section 299: Property Deemed To Be Government Property Section 300: Property Deemed To Be Public Property Section 301: Property Deemed To Be Community Property Section 302: Details To Be Updated Section 303: Land Ownership Registration Certificate To Be Provided Section 304: Obligation To Protect Government, Public Or Community Properties Section 305: Prohibition Of Registration Of Government, Public Or Community Properties In Individual's Name Section 306: Prohibition Of Possession Or Cultivation Of Government, Public Or Community Land Section 307: Prohibition Of Building Structure Section 308: Power To Transfer Government Property Section 309: Conversion Of Community Property Into Public Property Section 310: To Reward Complainant Section 311: Action To Be Taken Section 312: Governmental Attorney Empowered To File Or Make Case, Petition Or Appeal Section 313: Statute Of Limitation

Chapter - 6

Section 314: Trust Deemed To Be Established Section 315: Trust May Be Public Or Private Section 316: Application To Be Made For Establishment Of Trust Section 317: Details To Be Set Out In Memorandum Of Incorporation Section 318: Trust To Be Registered Section 319: Power To Refuse Registration Of Trust Section 320: Transfer Of Property For Incorporation Of Trust Section 321: Dissolution Of Trust On Failure Of Transfer Of Property Section 322: Operation And Management Of Trust Property According To Memorandum Of Incorporation Section 323: Duty To Operate And Manage Trust Property Properly Section 324: Trustee To Be Appointed Section 325: Disqualification Of Trustee Section 326: Number Of Trustees Section 327: Body Corporate Being Eligible To Be Trustee Section 328: Provisions Relating To Vacancy In Office Of Trustee Section 329: To Specify Roll Of Succession Of Trustee Section 330: Requirement To Perform Obligation Of Trustee In Special Circumstance Section 331: Requirement To Operate Trust By Consensus Section 332: To Carry Out Object Of Trust Section 333: To Maintain Records Of Trust Property Section 334: Protection Of Trust Property Section 335: Prohibition Of Possession Of Trust Property To Prejudice Benefit Of Beneficiary Section 336: Duty To Prevent Loss To Trust Property Section 337: To Maintain Accounts Of Trust Section 338: Breach Of Trust Section 339: Deed Of Trust Property To Remain With Trustee Section 340: Entitlement To Reimbursement From Trust Property Section 341: Other Powers, Duties And Liabilities Deemed To Be Vested With Trustee Section 342: Acts Not To Be Done By Trustee Section 343: To Give Direction To Transfer Trust Property Section 344: Power To Relinquish Benefit Of Trust Property Section 345: Duty To Maintain Ownership Of Trust Property Section 346: Alteration In The Object Of Trust Section 347: Trust Property Not To Be Counted Section 348: Consequence Of Voidance Of Trust Section 349: Appeal May Be Made Section 350: Not To Affect Other Trust Section 351: Statute Of Limitation

Chapter - 7

Section 352: Usufruct Deemed To Be Constituted Section 353: Usufruct To Be Effective Section 354: Deed To Be Executed Section 355: Entitlement Of Usufructuary To Enjoy Property As If It Belonged To Him Or Her Section 356: Property Which Usufructuary Cannot Enjoy Section 357: Prohibition Of Alteration In Structure Of Property Without Consent Section 358: Power To Rent, Lease Or Mortgage Property Under Provision Of Usufruct Section 359: Duty To Maintain And Care Property Under The Provision Of Usufruct Section 360: Prohibition Of Causing Damage To Property Obtained Under The Provision Of Usufruct Section 361: Usufructuary To Bear Tax Or Fee Section 362: Information Of Claim Or Interference By Any One To Be Given To Owner Section 363: Validity Period Of The Provision Of Usufruct Section 364: Usufruct May Be Canceled Section 365: Power To Return Property By Usufructuary Section 366: Usufruct Deemed To Be Extinguished Section 367: Statute Of Limitation

Chapter - 8

Section 368: Servitude To Be Deemed Section 369: Use Of Provision Of Servitude To Be Allowed Section 370: Servitude Not To Be Adversely Affected By Transfer Of Immovable Property Section 371: To Allow Enjoyment Or Use Section 372: Use Of Neighbor's House Or Land At Time Of Disaster Section 373: Acquisition Of Servitude Of Passage Section 374: Prohibition Of Transfer Of House Or Land Without Provision Of Passage Or Exit Section 375: Power To Extend Basic Services Section 376: Power To Use River Or Stream Or River Or Stream Bank Section 377: Power To Use Exit Road Section 378: Prohibition Of Preventing Natural Flow Of Water Section 379: Power To Use Stream, River Or Pond Water Section 380: Requirement To Allow Passage Or Exit For Farming Section 381: Compensation To Be Paid Section 382: Statute Of Limitation

Chapter - 9

Section 383: House Deemed To Be Rented Section 384: Prohibition Of Renting Unsafe House Section 385: Period Of House Rent Section 386: Agreement To Be Concluded While Renting Section 387: Details Of House To Be Provided Section 388: Preparation Of Description Of Goods Or Chattels Section 389: Obligations Of House Owner Section 390: Obligations Of Tenant Section 391: Mode And Procedure Of Payment Of Rent Section 392: Obligation To Pay Tax And Other Charge Section 393: Insurance Of House To Be Procured Section 394: Repair And Maintenance Of House Rented Section 395: Subletting House Rented To Other Person Section 396: Prohibition Of Altering Structure Without Consent Section 397: Prohibition Of Using House Contrary To Agreement Section 398: Alteration In Agreement Section 399: Power To Inspect Section 400: Leaving Rented House Section 401: Power To Evict Tenant Section 402: House Rent Agreement Deemed To Be Terminated Section 403: Duty To Hand Over Goods Or Chattels In Good Condition Section 404: Power To Vacate House Section 405: Statute Of Limitation

Chapter - 10

Section 406: Donation Or Gift Deemed To Be Effected Section 407: Property May Be Donated By Pronouncement Section 408: Voidance Of Donation Or Gift Section 409: Donation Or Gift To Be Voidable Section 410: Power To Amend Or Revoke Deed Of Gift With Testament Section 411: Not To Obtain Property Under Deed Of Gift With Testament Section 412: Statute Of Limitation

Chapter - 11

Section 413: Property Deemed To Be Transferred Section 414: Property May Be Transferred Section 415: Power Of Guardian Or Curator To Sell Property Section 416: Ownership Devolving On Transferee Of Property Section 417: Power To Transfer Private Property Section 418: Joint Property May Be Sold By Way Of Sale Section 419: Prohibition Of Transferring Property In Common Without Obtaining Consent Section 420: Property In Common May Be Sold For Household Purpose Section 421: Prohibition Of Transferring Other's Property Section 422: Prohibition Of Transferring Property In Duplication Section 423: Donation Or Gift Incapable Of Being Effected By Guardian Or Curator Section 424: Entitlement To Amount Or Compensation In Event Of Deprivation Of Enjoyment Of Property Section 425: Right In Property May Be Transferred By Attorney Section 426: Procedure To Be Followed By Body Corporate While Purchasing Or Transferring Property Section 427: Property May Be Purchased Or Obtained By Other Person On One’s Behalf Section 428: Property May Be Purchased Or Obtained In The Name Of Incompetent Or Quasi-competent Person Section 429: Registration And Deregistration Of Property Right In Which Is Transferred In Testament Section 430: Not To Claim For Damage, Destroy Or Low Quality Section 431: Property May Be Exchanged Section 432: Restriction On Transfer Of Immovable Property To Foreigner Section 433: Foreigner To Transfer Partition Share Or Inheritance, If Any Obtained Section 434: Statute Of Limitation

Chapter - 12

Section 435: Property Deemed To Be Mortgaged Section 436: Deed To Be Executed Section 437: Mortgaged Property To Be Possessed And Enjoyed Section 438: Possessory Right In Mortgaged Property To Be Deemed Transferred Section 439: Entitlement To Possess As If It Belonged To Oneself Section 440: Duty To Take Reasonable Care Of Mortgaged Property Section 441: Interest, Charge Or Fee Not To Be Collected Section 442: Period For Possession And Enjoyment Of Property In Mortgage With Possession Section 443: Maximum Period Of Mortgage Without Possession Section 444: Redemption Of Mortgaged Property At Any Time Section 445: Property In Mortgage May Be Remortgaged Section 446: Fruits Or Benefits Of Property May Be Mortgaged Section 447: Mortgaging By Third Party On Behalf Of Debtor Section 448: Property In Mortgage To Be Indivisible Section 449: Creditor To Be Liable For Loss And Damage To Property In Mortgage Section 450: Not To Create Trouble On Property In Mortgage Section 451: Mortgage Not To Be Made To Foreigner Section 452: Not To Be Mortgaged Or Transferred In Duplication Section 453: Statute Of Limitation

Chapter - 13

Section 454: Pre-emption Deemed To Be Made Section 455: Entitlement Of Heir To Pre-emption Section 456: Pre-emption By Tenant Section 457: Pre-emption Of Sold House Section 458: Pre-emption Of House Donated Or Gifted Section 459: Where Pre-emption Is Not Permitted Section 460: Procedures For Making Pre-emption Section 461: To Update Records Upon Pre-emption Section 462: Statute Of Limitation

Chapter - 14

Section 463: Deed Deemed To Be Registered Section 464: Deeds To Be Registered Section 465: Other Deeds May Be Registered Section 466: Deed May Be Registered By Commission Section 467: Deed May Be Approved And Registered With Office In Other District Section 468: Fee Chargeable For Registration Of Deed Section 469: Obligation To Pay Fees Section 470: Provision Relating To Payment Of Amount Section 471: Transmission And Registration And De-registration To Be Made Section 472: Deed Registered At Earlier Date To Be Valid Section 473: Statute Of Limitation

Chapter - 15

Section 474: Transaction Deemed To Be Made Section 475: Loan Deemed To Be Borrowed Section 476: Transaction Not To Be Carried On Without Executing Deed Section 477: Matters To Be Set Out In Deed Section 478: Entitlement Of Creditor To Interest From Debtor Section 479: Creditor Not Allowed To Collect Interest From Debtor Section 480: Compound Interest Not To Be Collected Section 481: Interest In Excess Of Principal Not To Be Collected Section 482: Procedures To Be Fulfilled In Paying And Collecting Principal And Interest Section 483: Interest Accruable As Of The Date Of Recovery Of Amount Section 484: Period Of Deed Executed In Household Section 485: Transaction Carried On With Incompetent Or Quasi-competent Person Not To Be Recognized Section 486: Recovery Of Amount Not Available From Property In Common Section 487: Exchange Of Movable Property Not Allowed Without Consent Section 488: Recovery Of Amount If Transaction Appears To Have Been Carried On Section 489: Procedure To Be Followed If Deed Executed On Household Is Lost Or Destroyed Due To Force Majeure Event Section 490: To Return Goods Transacted In The Event Of Imperfection Section 491: To Return Goods In Original Condition Section 492: Statute Of Limitation

Provisions Relating to Contract and Other Obligations

Chapter - 1

Section 493: Obligation To Be Created Section 494: Circumstances In Which Obligation Is Created Section 495: Obligation To Be Fulfilled Section 496: Obligation To Be Fulfilled Within The Prescribed Time Section 497: Each Person To Fulfill Obligation Section 498: Obligation May Be Divisible Section 499: Obligation To Be Fulfilled In Good Faith Section 500: To Bear Compensation For Failure To Fulfill Obligation Section 501: Obligation Contrary To Law Not To Be Fulfilled Section 502: Impossible Obligation Not To Be Fulfilled Section 503: Statute Of Limitation

Chapter - 2

Section 504: Contract Deemed To Be Made Section 505: Contract Enforceable By Law Section 506: Persons Competent To Concluded Contract Section 507: Parties To Be Autonomous Section 508: Offer And Acceptance Deemed To Be Completed Section 509: Offer Or Acceptance May Be Revoked Section 510: Offer Deemed To Be Revoked Section 511: Contract According To Offer Made Before The Public Section 512: Place Of Formation Of Contract Section 513: Contingent Contract Section 514: Application Of General Provisions Of Contract Section 515: Interpretation Of Contract Section 516: Statute Of Limitation

Chapter - 3

Section 517: Void Contracts Section 518: Voidable Contracts Section 519: Unenforceable Contracts Section 520: Statute Of Limitation

Chapter - 4

Section 521: Obligation Under Contract To Be Fulfilled Section 522: Reciprocal Performance Of Contract Section 523: Time And Manner For Performance Of Contract Section 524: Place For Performance Of Contract Section 525: Performance Of Contract Deemed To Be Delayed Section 526: Time To Be Considered As Essence Of Contract Section 527: Circumstances Where A Contract Needs Not Be Performed Section 528: Assignment Of Rights And Liabilities Under A Contract Section 529: Party Who Must Perform Contract Section 530: Only The Parties To Contract Can Demand Its Performance Section 531: Discharge Of Contracts In The Event Of Fundamental Changes In Circumstances Section 532: Facilities To Be Provided Section 533: Contract May Be Suspended Or Altered Section 534: Statute Of Limitation

Chapter - 5

Section 535: Breach Of Contract Deemed To Occur Section 536: Indivisible Nature Of The Authority To Rescind Contract Section 537: Compensation For Breach Of Contract Section 538: Consequences Of Rescission Or Voidance Of Contract Section 539: Amount To Be Recovered In Proportion To Performed Contract (quantum Meruit)Section 540: Specific Performance Of Contract Section 541: Power Of Court To Make Order Section 542: Compensation To Be Ascertained In Monetary Value Section 543: Power Of Court To Consider Matters Section 544: Statute Of Limitation

Chapter - 6

Section 545: Contract Of Sale Of Goods Section 546: Contract Of Sale Of Goods To Be Void Section 547: Determining Price Of Goods Section 548: Payment Of Price Of Goods Section 549: Description Of Goods Section 550: Condition As To Title To Goods To Be Sold Section 551: Condition As To Quality Of Goods Section 552: Right To Accept Or Reject Goods Of Different Quantity Section 553: Deemed To Be Contract For Sale By Sample Section 554: Provisions Relating To Transfer Of Ownership Of Goods Section 555: To Bear Risks Section 556: Right Of Buyer To Ascertain Goods Section 557: Goods Deemed To Be Accepted Section 558: Time For Delivery Of Goods Section 559: Documents Concerning Sold Goods To Be Handed Over Section 560: Not To Deliver Of Goods In Quantity Different From Quantity Specified In Contract Section 561: Special Provisions Relating To Compensation Section 562: Statute Of Limitation

Chapter - 7

Section 563: Contract Of Guarantee Deemed To Be Made Section 564: Surety's Obligation Section 565: When Surety Is In Discharge From Obligation Section 566: Relation Between The Surety And The Principal Debtor Section 567: Surety To Substitute Creditor Section 568: When Contract Of Guarantee Can Be Voided Section 569: Obligation Of Sureties To Be Equal Section 570: Continuous Guarantee Section 571: Contract Of Indemnity Deemed To Be Concluded Section 572: Provisions Relating To Subrogation Section 573: Rights Of Subrogator Section 574: Statute Of Limitation

Chapter - 8

Section 575: Contract Of Bailment Section 576: Bailment Deemed To Be Completed Section 577: To Disclose Faults In Goods Bailed Section 578: Obligations Of Bailee Section 579: To Return Bailed Goods Section 580: Bailor To Be Liable For Other's Goods Bailed Section 581: Goods Given For Repair And Maintenance To Be Returned Section 582: Costs Incurred In Taking Care Of Bailed Goods Section 583: Contract Of Bailment To Be Void Section 584: Statute Of Limitation

Chapter - 9

Section 585: Contract Of Pledge Or Deposit Deemed To Be Made Section 586: To Return Goods Collateraled Or Deposited Section 587: Rights Of The Person Who Obtains Collateral Or Deposit Section 588: Consequences Of Pledge Or Deposit Of Goods By Non-owner Section 589: Creditors To Be On Equal Footing (pari Pasu)Section 590: Statute Of Limitation

Chapter - 10

Section 591: Contract Of Agency Deemed To Be Made Section 592: Recognition Of Transaction Carried Out By Agent Section 593: Power To Appoint Sub-agent Section 594: Matters To Be Complied With By Agent Section 595: Agent To Be Responsible Section 596: Principal To Be Liable When Leading To Believe That Act Is Done With Authority Section 597: Termination Of Agency Section 598: Agent May Not Be Removed Section 599: Renunciation Of Agency By Agent Not Allowed Section 600: Removal Of Sub-agent Together With Agent Section 601: Statute Of Limitation

Chapter - 11

Section 602: Contract For Carriage Of Goods Deemed To Be Made Section 603: Carrier’s Obligations Section 604: Carrier To Be Liable Section 605: Right To Sell Goods Without Consent Of Owner Section 606: Carrier’s Liability To Be Limited Section 607: To Bear Compensation Section 608: Termination Of Carrier's Liability Section 609: Statute Of Limitation

Chapter - 12

Section 610: A Contract Of Lease Deemed To Be Made Section 611: Form Of The Leased Goods Not To Be Changed Section 612: To Use The Leased Goods In Good Faith Section 613: To Repair And Maintain Leased Goods Section 614: Lessor To Be Informed If Goods Are Not Usable Section 615: Lessee To Be Liable Section 616: To Pay Lease Rent Section 617: Validity Period Of Contract Of Lease Section 618: Leased Goods May Be Sub-leased Section 619: To Return Leased Goods Section 620: Special Provision Relating To The Contract Of Lease Of Immovable Property Section 621: Contract Of Lease May Be Terminated Section 622: Provisions Relating To House Rent To Apply Section 623: Statute Of Limitation

Chapter - 13

Section 624: Hire-purchase Contract Deemed To Be Made Section 625: Matters To Be Specified In Hire-purchase Contract Section 626: Conclusion Of More Than One Contract To Be Deemed As Conclusion Of Single Contract Section 627: Consequences Of Formation Of Hire-purchase Contract Section 628: Transfer Of Ownership Of Goods Section 629: Goods On Hire To Be Cared And Maintained Section 630: Installment To Be Paid Section 631: Termination Of Contract By Paying Installment Section 632: Termination Of Contract By Returning Goods Section 633: Right Of Hirer To Transfer His Or Her Right And Interest Section 634: To Be Liable For Use Of Goods Contrary To Terms And Conditions Section 635: Information Of Actual Condition Of Goods To Be Given Section 636: The Owner Of Goods May Terminate Contract Section 637: Rights Of Hirer In Case Of Forfeiture Of Goods Section 638: Status Of Hired Goods In Case Of Hirer Becoming Bankrupt Section 639: Statute Of Limitation

Chapter - 14

Section 640: Employment In Work Section 641: Wages To Be Paid Section 642: Provisions Of Safety Measures To Be Made Section 643: Prohibition Of Employing For More Than Eight Hours Section 644: Special Provisions Relating To Domestic Helpers Section 645: Undertaken Work Not To Be Left Incomplete Section 646: Wages To Be Paid To Employee Section 647: Statute Of Limitation

Chapter - 15

Section 648: Indirect Or Quasi-contract Deemed To Be Made Section 649: If Other’s Property Managed Voluntarily, Not To Be Abandoned (negotiorum Gestio)Section 650: To Care Or Manage Property Taken In Custody Section 651: Not Absolved From Obligation By Delegation Of Authority Section 652: Reasonable Costs To Be Paid For Saving Property In Times Of Disaster Section 653: Right To Claim Reimbursement Section 654: Right To Claim For Maintenance Section 655: Successor To Reimburse Expenses Incurred In Obsequies Of Deceased Section 656: Relative To Bear Expenses In Maintenance Of Incompetent Person Section 657: Treatment Expenses To Be Reimbursed Section 658: To Bear Expenses Made By Public Bodies Section 659: To Reimburse Amount Paid By Person Interested In Section 660: To Pay Price Or Remuneration Section 661: Right To Recover Price Of Goods Or Services Section 662: Property In Custody To Be Kept As Bailed Property Section 663: Statute Of Limitation

Chapter - 16

Section 664: Unjust Enrichment To Be Deemed Section 665: Thing Taken By Mistake To Be Returned (solutio Indebiti)Section 666: To Pay Back Debt Paid By Mistake Section 667: To Return Goods Or Amount Taken With Malafide Intention And Benefits Accrued Therefrom Section 668: To Pay Debt Paid By Third Person Section 669: Right To Claim Reimbursement If Payable Tax Paid By Another Person Section 670: Goods Found May Be Kept Upon Giving Information To Police Section 671: Statute Of Limitation

Chapter - 17

Section 672: Tort Deemed To Be Committed Section 673: Parents To Bear Liability Section 674: Guardian Or Curator To Bear Liability Section 675: Employer To Bear Liability Section 676: Owner Of Animal To Bear Liability For Loss Or Damage Caused By Animal Section 677: House-owner To Bear Liability For Loss Or Damage Caused By Its Collapse Section 678: Owner Of Property To Bear Liability Section 679: House-head To Bear Liability Section 680: To Bear Liability For Trespass Section 681: To Bear Liability Jointly Section 682: Compensation To Be Paid For Liability Section 683: Not To Bear Liability If Separate Provision Is Made Section 684: Statute Of Limitation

Chapter - 18

Section 685: To Be Liable For Defective Product Section 686: Claimant To Prove That Product Is Defective Section 687: To Be In Discharge Of Liability Section 688: Quantum Of Liability May Be Reduced Section 689: Product Not Deemed To Be Defective Section 690: Not To Prejudice Other Right Section 691: Statute Of Limitation

Provisions Relating to Private International Law

Chapter - 1

Section 692: Provisions Of This Part To Apply Section 693: Legal Capacity Of Foreigner To Be Determined Section 694: Presumption Of Disappearance Or Death Of Foreigner Section 695: Successor To Be Determined According To Foreign Law Section 696: Determination Of Succession Of Deceased Section 697: Determination Of The Nature Of Corporate Body Section 698: Regulation Of Property Section 699: Citizen Of Nepal To Follow Law Of Nepal While Concluding Marriage Abroad Section 700: Foreigner To Follow Law Of His Or Her Country While Concluding Marriage In Nepal Section 701: Consequence Of Marriage To Be According To Law Of One’s Country Section 702: Paternal Authority To Be Governed By Law Of The Country Of Nationality Section 703: To Be Governed By The Law Of The Country Of Nationality Of Adoptive Person Section 704: Determination Of Guardianship Or Curatorship Section 705: To Be Determined According To The Law Of Residence Section 706: Divorce Effected Abroad To Be Recognized Section 707: Content Of Ownership To Be Determined According To Law Of Country Where Property Is Situated Section 708: Goods To Be Governed By Law Of Destination Section 709: Governing Law Of Contract To Be As Determined By Parties Section 710: Deed Executed Abroad To Be Recognized Section 711: To Be Governed By Law Of Nationality Of Donor Section 712: Determination Of Liability For Tort Section 713: Liability For Quasi-contract Or Unjust Enrichment Section 714: Other Matters To Be Determined According To Recognized Principles Of Private International Law Section 715: In Case Of Double Nationality, Law Of Country Of Habitual Residence To Be Applied Section 716: Power To Give Permission For Trial Of Case By Foreign Court Section 717: Power To Adjourn Case Sub Judice In Court Of Nepal Section 718: Court Of Nepal To Have Jurisdiction Section 719: Other Matters Concerning A Case May Also Be Settled By Court Of Nepal Section 720: Treaty, If Any, To Apply Section 721: Provisions Of This Part Not To Apply