National Civil (Code) Act, 2017
Section 439
Entitlement To Possess As If It Belonged To Oneself
(1) The
creditor shall be entitled to possess and enjoy the property
mortgaged to him or her and fruit, benefit and facility brought out
from such property as if the same were his or her own property.
(2) If the creditor is not able to possess and enjoy the
property mortgaged to him or her because of its incapability of
being transferred or of any hindrance or obstruction by the debtor,
the debtor shall pay a reasonable compensation to the creditor for
the same.
National Civil (Code) Act, 2017
Preliminary
Law Relating to Persons
Family Law
Chapter - 1
Section 67: Marriage Deemed To Be ConcludedSection 68: Marriage To Be Inviolable Social BondSection 69: Freedom Of MarriageSection 70: Marriage May Be ConcludedSection 71: Marriage Not To Be ConcludedSection 72: Marriage To Be VoidSection 73: Voidable MarriageSection 74: Marriage To Be Deemed Concluded If Child Is Born From Physical IntercourseSection 75: No Lawful Rights Of Child Already Born To Be PrejudicedSection 76: Marriage To Be RegisteredSection 77: Marriage By RegistrationSection 78: Decision To Be Made As To Whether Marriage Is Capable Of Being ConcludedSection 79: Deed Of Consent To Be PreparedSection 80: Provisions Relating To Registration Of MarriageSection 81: Provision Relating To Use Of Surname By Married WomanSection 82: Matrimonial Relationship Deemed To Be TerminatedSection 83: Re-marriage May Be ConcludedSection 84: Statute Of Limitation
Chapter - 4
Section 105: Maternity Or Paternity To Be Determined From Mother Or FatherSection 106: Child Presumed To Be Born From Married HusbandSection 107: Paternity May Be DeniedSection 108: Son, Daughter Or Paternity To Be ClaimedSection 109: Paternity Of Child Born From Artificial Insemination To Be Of FatherSection 110: To Be According To Court's DecisionSection 111: To Obtain Name And SurnameSection 112: Name Of Mother, Father, Grand-father And Grand-mother May Be MentionedSection 113: Birth Of Son, Daughter To Be RegisteredSection 114: Obligation To Care And MaintainSection 115: To Be Under Custody Of Mother Or FatherSection 116: Obligation To Take Necessary Care And Provide MaintenanceSection 117: Facility Of Visit To Be ProvidedSection 118: Rights Of Son, Daughter Remain To ExistSection 119: Prohibition On Living Separately Without ConsentSection 120: Minor Not To Work As LaborSection 121: Decision Of Father, Mother Taking Custody Of Minor To PrevailSection 122: Son Or Daughter To Honor, Respect And Care Mother, FatherSection 123: Statute Of Limitation
Chapter - 6
Section 135: To Be Considered GuardianSection 136: Priority Order Of GuardianSection 137: Other Person Considered To Be GuardianSection 138: Organization Considered To Be GuardianSection 139: Guardian May Be Appointed By CourtSection 140: Supervisor May Be DesignatedSection 141: Disqualifications For GuardianSection 142: Maintenance And Care Of Incompetent Or Quasi-competent PersonSection 143: Property To Be Supervised, Protected And Managed ProperlySection 144: To Maintain Books And Accounts AccuratelySection 145: Power To Institute Legal Action Or Defend CaseSection 146: Power To Act On Behalf Of Incompetent Or Quasi-competent PersonSection 147: Act May Be Carried Out Only In Consonance With TermsSection 148: Termination Of GuardianshipSection 149: Guardianship Not To Be Transferred To SuccessorSection 150: Power To Recover ExpensesSection 151: Amount Of Loss And Damage May Be RecoveredSection 152: Statute Of Limitation
Chapter - 8
Section 169: To Be Deemed Adopted Son Or Adopted DaughterSection 170: Adoption To Be Effected In A Manner To Protect The Best Interests Of ChildSection 171: Prohibition On Adoption By Person Having ChildSection 172: Adoption May Be EffectedSection 173: Adoption Not To Be EffectedSection 174: Difference Of Age Between Adopter And AdopteeSection 175: Consent To Be Obtained For AdoptionSection 176: Adoption Deemed To Have Been Effected By Couple ThemselvesSection 177: Procedures For Effecting AdoptionSection 178: Entitlements And Rights Of Adopted Son Or DaughterSection 179: Surname Of Adopted Son Or DaughterSection 180: Not Allowed To Claim Partition Share Of Father And MotherSection 181: Adoptive Person's ObligationsSection 182: Obligations Of Adopted Son Or DaughterSection 183: Facility Of Visit And Making Correspondences To Be ProvidedSection 184: Adoption To Be VoidSection 185: Voidable AdoptionSection 186: Termination Of AdoptionSection 187: Statute Of Limitation
Chapter - 9
Section 188: Inter-country Adoption Deemed To Be AcceptedSection 189: Adoption Not To Be Effected Without Obtaining PermissionSection 190: Best Interests Of Minor To Be Ensured In Granting Permission For AdoptionSection 191: Child Eligible To Be Given For AdoptionSection 192: Foreigner Eligible For Adopting Son Or DaughterSection 193: Provision Relating To Inter-country Adoption BoardSection 194: Application To Be Filed For AdoptionSection 195: Provisions Relating To Selection CommitteeSection 196: To Make Recommendation By Selecting Person Effecting Adoption And ChildSection 197: Permission To Be Granted For AdoptionSection 198: Special Provision Relating To Selection Of Families For Minors In Need Of Special CareSection 199: Special Provision Relating To Permission To Be Granted For AdoptionSection 200: Details To Be ForwardedSection 201: To MonitorSection 202: Case May Be FiledSection 203: Provisions Of The Act To Be ApplicableSection 204: Statute Of Limitation
Chapter - 10
Section 205: To Be Deemed CoparcenerSection 206: Equal Entitlement To Partition ShareSection 207: Son And Daughter Born From Couple Whose Matrimonial Relationship Is Dissolved To Obtain Partition ShareSection 208: To Obtain Partition Share From MotherSection 209: To Obtain Partition Share From Part Of Father Or HusbandSection 210: Latter Wife Or Child To Obtain Partition Share From Part Of Husband Or FatherSection 211: Right To Obtain Partition ShareSection 212: Separation May Be Effected At AnytimeSection 213: Husband Or Wife May Get Separated By Obtaining Partition ShareSection 214: Widow May Effect Separation By Taking Her Partition ShareSection 215: Relinquishment Of Partition ShareSection 216: Partition To Be EffectedSection 217: Matters To Be Specified In Deed Of PartitionSection 218: Deed Of Partition To Be RegisteredSection 219: Prohibition Of Providing Property Without Effecting PartitionSection 220: Lawsuit To Be Filed By Setting Out Inventory Of PropertySection 221: Matters To Be Set Out In InventorySection 222: Partition To Be Effected By Taking InventorySection 223: Partition To Be Effected On The Basis Of Inventory ReceivedSection 224: Power To Take Inventory By Breaking PadlockSection 225: Partition To Be Effected When Inventory ProducedSection 226: Prohibition Of Concealing Or Hiding PropertySection 227: Partition Share To Be ReimbursedSection 228: Partition Share Not To Be ExchangedSection 229: Partition Of Pledged Or Mortgaged PropertySection 230: Power To Withhold Property Or Income Until Partition Is EffectedSection 231: Partition To Be So Effected As To Have Provision Of Way Or PassageSection 232: Debtor Not To Be Specified Without Consent Of CreditorSection 233: Compensation To Be Paid If Lawsuit Filed By Person Not Entitled To PartitionSection 234: Partition Share, Money Or Expenditure May Be AwardedSection 235: Statute Of LimitationSection 236: Partition Deemed To Be Executed
Laws Relating to Property
Chapter - 1
Section 251: Deemed To Be PropertySection 252: Property Deemed To Be In Movable Or Immovable FormSection 253: Property Deemed To Be ImmovableSection 254: Property Deemed To Be MovableSection 255: Classification Of Property According To OwnershipSection 256: Property Deemed To Be Private PropertySection 257: Property Deemed To Be Property In CommonSection 258: Property Deemed To Be Joint PropertySection 259: Trees, Plants Or Goods On Boundary To Be Deemed Joint PropertySection 260: Management, Protection And Maintenance Of Joint PropertySection 261: Prohibition Of Alteration In Joint Property Without ConsentSection 262: Legal Action Or Defense May Be Made By Any Owner Of Joint PropertySection 263: Separation Of One’s Share From Joint PropertySection 264: Provisions Relating To Community, Public, Government And Trust PropertiesSection 265: Statute Of Limitation
Chapter - 5
Section 299: Property Deemed To Be Government PropertySection 300: Property Deemed To Be Public PropertySection 301: Property Deemed To Be Community PropertySection 302: Details To Be UpdatedSection 303: Land Ownership Registration Certificate To Be ProvidedSection 304: Obligation To Protect Government, Public Or Community PropertiesSection 305: Prohibition Of Registration Of Government, Public Or Community Properties In Individual's NameSection 306: Prohibition Of Possession Or Cultivation Of Government, Public Or Community LandSection 307: Prohibition Of Building StructureSection 308: Power To Transfer Government PropertySection 309: Conversion Of Community Property Into Public PropertySection 310: To Reward ComplainantSection 311: Action To Be TakenSection 312: Governmental Attorney Empowered To File Or Make Case, Petition Or AppealSection 313: Statute Of Limitation
Chapter - 6
Section 314: Trust Deemed To Be EstablishedSection 315: Trust May Be Public Or PrivateSection 316: Application To Be Made For Establishment Of TrustSection 317: Details To Be Set Out In Memorandum Of IncorporationSection 318: Trust To Be RegisteredSection 319: Power To Refuse Registration Of TrustSection 320: Transfer Of Property For Incorporation Of TrustSection 321: Dissolution Of Trust On Failure Of Transfer Of PropertySection 322: Operation And Management Of Trust Property According To Memorandum Of IncorporationSection 323: Duty To Operate And Manage Trust Property ProperlySection 324: Trustee To Be AppointedSection 325: Disqualification Of TrusteeSection 326: Number Of TrusteesSection 327: Body Corporate Being Eligible To Be TrusteeSection 328: Provisions Relating To Vacancy In Office Of TrusteeSection 329: To Specify Roll Of Succession Of TrusteeSection 330: Requirement To Perform Obligation Of Trustee In Special CircumstanceSection 331: Requirement To Operate Trust By ConsensusSection 332: To Carry Out Object Of TrustSection 333: To Maintain Records Of Trust PropertySection 334: Protection Of Trust PropertySection 335: Prohibition Of Possession Of Trust Property To Prejudice Benefit Of BeneficiarySection 336: Duty To Prevent Loss To Trust PropertySection 337: To Maintain Accounts Of TrustSection 338: Breach Of TrustSection 339: Deed Of Trust Property To Remain With TrusteeSection 340: Entitlement To Reimbursement From Trust PropertySection 341: Other Powers, Duties And Liabilities Deemed To Be Vested With TrusteeSection 342: Acts Not To Be Done By TrusteeSection 343: To Give Direction To Transfer Trust PropertySection 344: Power To Relinquish Benefit Of Trust PropertySection 345: Duty To Maintain Ownership Of Trust PropertySection 346: Alteration In The Object Of TrustSection 347: Trust Property Not To Be CountedSection 348: Consequence Of Voidance Of TrustSection 349: Appeal May Be MadeSection 350: Not To Affect Other TrustSection 351: Statute Of Limitation
Chapter - 7
Section 352: Usufruct Deemed To Be ConstitutedSection 353: Usufruct To Be EffectiveSection 354: Deed To Be ExecutedSection 355: Entitlement Of Usufructuary To Enjoy Property As If It Belonged To Him Or HerSection 356: Property Which Usufructuary Cannot EnjoySection 357: Prohibition Of Alteration In Structure Of Property Without ConsentSection 358: Power To Rent, Lease Or Mortgage Property Under Provision Of UsufructSection 359: Duty To Maintain And Care Property Under The Provision Of UsufructSection 360: Prohibition Of Causing Damage To Property Obtained Under The Provision Of UsufructSection 361: Usufructuary To Bear Tax Or FeeSection 362: Information Of Claim Or Interference By Any One To Be Given To OwnerSection 363: Validity Period Of The Provision Of UsufructSection 364: Usufruct May Be CanceledSection 365: Power To Return Property By UsufructuarySection 366: Usufruct Deemed To Be ExtinguishedSection 367: Statute Of Limitation
Chapter - 8
Section 368: Servitude To Be DeemedSection 369: Use Of Provision Of Servitude To Be AllowedSection 370: Servitude Not To Be Adversely Affected By Transfer Of Immovable PropertySection 371: To Allow Enjoyment Or UseSection 372: Use Of Neighbor's House Or Land At Time Of DisasterSection 373: Acquisition Of Servitude Of PassageSection 374: Prohibition Of Transfer Of House Or Land Without Provision Of Passage Or ExitSection 375: Power To Extend Basic ServicesSection 376: Power To Use River Or Stream Or River Or Stream BankSection 377: Power To Use Exit RoadSection 378: Prohibition Of Preventing Natural Flow Of WaterSection 379: Power To Use Stream, River Or Pond WaterSection 380: Requirement To Allow Passage Or Exit For FarmingSection 381: Compensation To Be PaidSection 382: Statute Of Limitation
Chapter - 9
Section 383: House Deemed To Be RentedSection 384: Prohibition Of Renting Unsafe HouseSection 385: Period Of House RentSection 386: Agreement To Be Concluded While RentingSection 387: Details Of House To Be ProvidedSection 388: Preparation Of Description Of Goods Or ChattelsSection 389: Obligations Of House OwnerSection 390: Obligations Of TenantSection 391: Mode And Procedure Of Payment Of RentSection 392: Obligation To Pay Tax And Other ChargeSection 393: Insurance Of House To Be ProcuredSection 394: Repair And Maintenance Of House RentedSection 395: Subletting House Rented To Other PersonSection 396: Prohibition Of Altering Structure Without ConsentSection 397: Prohibition Of Using House Contrary To AgreementSection 398: Alteration In AgreementSection 399: Power To InspectSection 400: Leaving Rented HouseSection 401: Power To Evict TenantSection 402: House Rent Agreement Deemed To Be TerminatedSection 403: Duty To Hand Over Goods Or Chattels In Good ConditionSection 404: Power To Vacate HouseSection 405: Statute Of Limitation
Chapter - 11
Section 413: Property Deemed To Be TransferredSection 414: Property May Be TransferredSection 415: Power Of Guardian Or Curator To Sell PropertySection 416: Ownership Devolving On Transferee Of PropertySection 417: Power To Transfer Private PropertySection 418: Joint Property May Be Sold By Way Of SaleSection 419: Prohibition Of Transferring Property In Common Without Obtaining ConsentSection 420: Property In Common May Be Sold For Household PurposeSection 421: Prohibition Of Transferring Other's PropertySection 422: Prohibition Of Transferring Property In DuplicationSection 423: Donation Or Gift Incapable Of Being Effected By Guardian Or CuratorSection 424: Entitlement To Amount Or Compensation In Event Of Deprivation Of Enjoyment Of PropertySection 425: Right In Property May Be Transferred By AttorneySection 426: Procedure To Be Followed By Body Corporate While Purchasing Or Transferring PropertySection 427: Property May Be Purchased Or Obtained By Other Person On One’s BehalfSection 428: Property May Be Purchased Or Obtained In The Name Of Incompetent Or Quasi-competent PersonSection 429: Registration And Deregistration Of Property Right In Which Is Transferred In TestamentSection 430: Not To Claim For Damage, Destroy Or Low QualitySection 431: Property May Be ExchangedSection 432: Restriction On Transfer Of Immovable Property To ForeignerSection 433: Foreigner To Transfer Partition Share Or Inheritance, If Any ObtainedSection 434: Statute Of Limitation
Chapter - 12
Section 435: Property Deemed To Be MortgagedSection 436: Deed To Be ExecutedSection 437: Mortgaged Property To Be Possessed And EnjoyedSection 438: Possessory Right In Mortgaged Property To Be Deemed TransferredSection 439: Entitlement To Possess As If It Belonged To OneselfSection 440: Duty To Take Reasonable Care Of Mortgaged PropertySection 441: Interest, Charge Or Fee Not To Be CollectedSection 442: Period For Possession And Enjoyment Of Property In Mortgage With PossessionSection 443: Maximum Period Of Mortgage Without PossessionSection 444: Redemption Of Mortgaged Property At Any TimeSection 445: Property In Mortgage May Be RemortgagedSection 446: Fruits Or Benefits Of Property May Be MortgagedSection 447: Mortgaging By Third Party On Behalf Of DebtorSection 448: Property In Mortgage To Be IndivisibleSection 449: Creditor To Be Liable For Loss And Damage To Property In MortgageSection 450: Not To Create Trouble On Property In MortgageSection 451: Mortgage Not To Be Made To ForeignerSection 452: Not To Be Mortgaged Or Transferred In DuplicationSection 453: Statute Of Limitation
Chapter - 15
Section 474: Transaction Deemed To Be MadeSection 475: Loan Deemed To Be BorrowedSection 476: Transaction Not To Be Carried On Without Executing DeedSection 477: Matters To Be Set Out In DeedSection 478: Entitlement Of Creditor To Interest From DebtorSection 479: Creditor Not Allowed To Collect Interest From DebtorSection 480: Compound Interest Not To Be CollectedSection 481: Interest In Excess Of Principal Not To Be CollectedSection 482: Procedures To Be Fulfilled In Paying And Collecting Principal And InterestSection 483: Interest Accruable As Of The Date Of Recovery Of AmountSection 484: Period Of Deed Executed In HouseholdSection 485: Transaction Carried On With Incompetent Or Quasi-competent Person Not To Be RecognizedSection 486: Recovery Of Amount Not Available From Property In CommonSection 487: Exchange Of Movable Property Not Allowed Without ConsentSection 488: Recovery Of Amount If Transaction Appears To Have Been Carried OnSection 489: Procedure To Be Followed If Deed Executed On Household Is Lost Or Destroyed Due To Force Majeure EventSection 490: To Return Goods Transacted In The Event Of ImperfectionSection 491: To Return Goods In Original ConditionSection 492: Statute Of Limitation
Provisions Relating to Contract and Other Obligations
Chapter - 6
Section 545: Contract Of Sale Of GoodsSection 546: Contract Of Sale Of Goods To Be VoidSection 547: Determining Price Of GoodsSection 548: Payment Of Price Of GoodsSection 549: Description Of GoodsSection 550: Condition As To Title To Goods To Be SoldSection 551: Condition As To Quality Of GoodsSection 552: Right To Accept Or Reject Goods Of Different QuantitySection 553: Deemed To Be Contract For Sale By SampleSection 554: Provisions Relating To Transfer Of Ownership Of GoodsSection 555: To Bear RisksSection 556: Right Of Buyer To Ascertain GoodsSection 557: Goods Deemed To Be AcceptedSection 558: Time For Delivery Of GoodsSection 559: Documents Concerning Sold Goods To Be Handed OverSection 560: Not To Deliver Of Goods In Quantity Different From Quantity Specified In ContractSection 561: Special Provisions Relating To CompensationSection 562: Statute Of Limitation
Chapter - 13
Section 624: Hire-purchase Contract Deemed To Be MadeSection 625: Matters To Be Specified In Hire-purchase ContractSection 626: Conclusion Of More Than One Contract To Be Deemed As Conclusion Of Single ContractSection 627: Consequences Of Formation Of Hire-purchase ContractSection 628: Transfer Of Ownership Of GoodsSection 629: Goods On Hire To Be Cared And MaintainedSection 630: Installment To Be PaidSection 631: Termination Of Contract By Paying InstallmentSection 632: Termination Of Contract By Returning GoodsSection 633: Right Of Hirer To Transfer His Or Her Right And InterestSection 634: To Be Liable For Use Of Goods Contrary To Terms And ConditionsSection 635: Information Of Actual Condition Of Goods To Be GivenSection 636: The Owner Of Goods May Terminate ContractSection 637: Rights Of Hirer In Case Of Forfeiture Of GoodsSection 638: Status Of Hired Goods In Case Of Hirer Becoming BankruptSection 639: Statute Of Limitation
Chapter - 15
Section 648: Indirect Or Quasi-contract Deemed To Be MadeSection 649: If Other’s Property Managed Voluntarily, Not To Be Abandoned (negotiorum Gestio)Section 650: To Care Or Manage Property Taken In CustodySection 651: Not Absolved From Obligation By Delegation Of AuthoritySection 652: Reasonable Costs To Be Paid For Saving Property In Times Of DisasterSection 653: Right To Claim ReimbursementSection 654: Right To Claim For MaintenanceSection 655: Successor To Reimburse Expenses Incurred In Obsequies Of DeceasedSection 656: Relative To Bear Expenses In Maintenance Of Incompetent PersonSection 657: Treatment Expenses To Be ReimbursedSection 658: To Bear Expenses Made By Public BodiesSection 659: To Reimburse Amount Paid By Person Interested InSection 660: To Pay Price Or RemunerationSection 661: Right To Recover Price Of Goods Or ServicesSection 662: Property In Custody To Be Kept As Bailed PropertySection 663: Statute Of Limitation
Provisions Relating to Private International Law
Chapter - 1
Section 692: Provisions Of This Part To ApplySection 693: Legal Capacity Of Foreigner To Be DeterminedSection 694: Presumption Of Disappearance Or Death Of ForeignerSection 695: Successor To Be Determined According To Foreign LawSection 696: Determination Of Succession Of DeceasedSection 697: Determination Of The Nature Of Corporate BodySection 698: Regulation Of PropertySection 699: Citizen Of Nepal To Follow Law Of Nepal While Concluding Marriage AbroadSection 700: Foreigner To Follow Law Of His Or Her Country While Concluding Marriage In NepalSection 701: Consequence Of Marriage To Be According To Law Of One’s CountrySection 702: Paternal Authority To Be Governed By Law Of The Country Of NationalitySection 703: To Be Governed By The Law Of The Country Of Nationality Of Adoptive PersonSection 704: Determination Of Guardianship Or CuratorshipSection 705: To Be Determined According To The Law Of ResidenceSection 706: Divorce Effected Abroad To Be RecognizedSection 707: Content Of Ownership To Be Determined According To Law Of Country Where Property Is SituatedSection 708: Goods To Be Governed By Law Of DestinationSection 709: Governing Law Of Contract To Be As Determined By PartiesSection 710: Deed Executed Abroad To Be RecognizedSection 711: To Be Governed By Law Of Nationality Of DonorSection 712: Determination Of Liability For TortSection 713: Liability For Quasi-contract Or Unjust EnrichmentSection 714: Other Matters To Be Determined According To Recognized Principles Of Private International LawSection 715: In Case Of Double Nationality, Law Of Country Of Habitual Residence To Be AppliedSection 716: Power To Give Permission For Trial Of Case By Foreign CourtSection 717: Power To Adjourn Case Sub Judice In Court Of NepalSection 718: Court Of Nepal To Have JurisdictionSection 719: Other Matters Concerning A Case May Also Be Settled By Court Of NepalSection 720: Treaty, If Any, To ApplySection 721: Provisions Of This Part Not To Apply