Section 442
Period For Possession And Enjoyment Of Property In Mortgage With Possession
ssion: (1) Except as otherwise provided in the deed of
mortgage, no property in mortgage with possession may be
possessed and enjoyed for a period exceeding ten years.
(2) If the property in mortgage with possession is not
redeemed within the period referred to in sub-section (1), the deed
of mortgage shall be equivalent to an unsecured bond.
mortgage, no property in mortgage with possession may be
possessed and enjoyed for a period exceeding ten years.
(2) If the property in mortgage with possession is not
redeemed within the period referred to in sub-section (1), the deed
of mortgage shall be equivalent to an unsecured bond.
National Civil (Code) Act, 2017
Preliminary
Chapter - 2
Section 4: Principles And Provisions Applicable GenerallySection 5: Ignorance Of Law Not To Be ExcusedSection 6: Act Against Public Interest Not To Be Carried OutSection 7: Act Contrary To Law To Be InvalidSection 8: A Wrongdoer To Bear Liability For Loss Or DamageSection 9: Act Causing Nuisance To Other Not To Be DoneSection 10: Not To Enjoy Benefit Of WrongSection 11: Act Against Interest To Be InvalidSection 12: Personality To Be RecognizedSection 13: Good Neighborhood To Be MaintainedSection 14: Not To Be Relieved From Civil LiabilitySection 15: Custom Or Tradition Contrary To Law Not To Be RecognizedSection 16: Applicable To Foreigners As Well
Chapter - 3
Section 17: To Be Equal Before LawSection 18: Discrimination Not To Be MadeSection 19: Discrimination Not To Be Deemed Where Special Provision Is MadeSection 20: Guarantee Of Freedoms And RightsSection 21: Right To Privacy Deemed To Be ViolatedSection 22: Right To Make ContractSection 23: No Taxation Except In Accordance With LawSection 24: Not To Employ In Work Against WillSection 25: Property Not To Be Acquired, Requisitioned, Auctioned Or ForfeitedSection 26: Complaint May Be FiledSection 27: Compensation To Be AwardedSection 28: Compensation For Filing False ComplaintSection 29: Statute Of Limitation
Law Relating to Persons
Chapter - 1
Section 30: To Be Recognized As PersonSection 31: Right To NameSection 32: To Attain CompetencySection 33: To Be Considered IncompetentSection 34: To Be Considered Quasi-competentSection 35: To Be According To Court DecisionSection 36: Physical Examination Or Change Of Organ May Be MadeSection 37: Power To Specify Method Of One’s Cremation, Obsequies Rites Or Funereal ActsSection 38: Power To Donate Corpse Or OrganSection 39: To Be Considered Address Of ResidenceSection 40: Presumed To Be DeadSection 41: Statute Of Limitation
Chapter - 2
Section 42: Legal Person To Acquire CompetencySection 43: To Obtain Legal Competency Upon IncorporationSection 44: Legal Competency Deemed To Be Acquired, Ipso FactoSection 45: Address Of Location Of Legal PersonSection 46: Management And Operation Of Legal PersonSection 47: Operation Of Business Of Legal PersonSection 48: Right Or Liability To Devolve Upon Merger Of Legal PersonSection 49: Legal Person May Become AgentSection 50: Not To Participate In Decision-making In Case Of Conflict Of InterestSection 51: Legal Person To Be LiableSection 52: Assets Or Liability To Be SettledSection 53: Statute Of Limitation
Chapter - 3
Section 54: Bankruptcy Proceedings May Be InitiatedSection 55: Petition To Be Filed To Initiate Bankruptcy ProceedingsSection 56: Notice To Be Given To CreditorSection 57: Notice To Be Given To BorrowerSection 58: Order To Be Given To Initiate Bankruptcy ProceedingsSection 59: Transaction To Be, Ipso Facto, Stayed Or VoidSection 60: Opportunity To Be Provided To Reconcile Sum Of DebtsSection 61: Priority Order Of Paying Debt Or LiabilitySection 62: Debt Of Creditor Who Shows Excess Debt Not To Receive PrioritySection 63: Property To Be Set AsideSection 64: Assets Not To Be ConcealedSection 65: Status Of Bankruptcy To Be TerminatedSection 66: Statute Of Limitation
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 - 2
Section 85: To Be Considered Husband And WifeSection 86: Relation And Obligation Of Husband And WifeSection 87: Husband's Home To Be Considered ResidenceSection 88: To Be Considered Each Other's AgentSection 89: To Provide, Or Cause To Be Provided, Maintenance In Accordance With ReputationSection 90: Household Affairs To Be Managed By ConsentSection 91: Not To Preclude From Exercising Profession, Business Or OccupationSection 92: Statute Of Limitation
Chapter - 3
Section 93: Divorce May Be Effected By Consent Of BothSection 94: Husband May Effect DivorceSection 95: Wife May Effect DivorceSection 96: Petition To Be Filed For DivorceSection 97: Mediation To Be Made Between Husband And WifeSection 98: Divorce To Be EffectedSection 99: Partition Of Property To Be Effected Before DivorceSection 100: Order To Pay Lump Sum Amount Or AlimonySection 101: Order To Provide Maintenance CostsSection 102: To Be According To AgreementSection 103: Previous Child Or Husband To Obtain PropertySection 104: 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 - 5
Section 124: To Be Under Supervision And Control Of Father And MotherSection 125: Parental Authority To Be Exercised JointlySection 126: Rights, Responsibilities And Duties Of Person Exercising Maternal And Parental AuthoritySection 127: Prohibition On DiscriminationSection 128: Special Care To Be TakenSection 129: Power To Cause Minor To Improve Conduct And HabitSection 130: Authority Deemed To Be Provided To Exercise RightSection 131: Guardian Or Curator May Also Exercise Parental AuthoritySection 132: Power To Restrict Parental AuthoritySection 133: Termination Of Parental AuthoritySection 134: 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 - 7
Section 153: To Be Curator Of MinorSection 154: Curator Of Person Of Unsound MindSection 155: Mother To Become Curator Of MinorSection 156: Body Corporate To Become CuratorSection 157: Court May Appoint CuratorSection 158: Qualifications Of CuratorSection 159: Curator To Take Custody Of PropertySection 160: Power To Use PropertySection 161: Power To Spend Immovable Property With Court's PermissionSection 162: Property To Be Taken Care Of And Protected Rationally And CarefullySection 163: Transfer Of Title, Ipso Facto To Be VoidSection 164: Curatorship To Be Terminated Ipso FactoSection 165: Custody Of Property May Be Handed OverSection 166: Requirement To Certification By CourtSection 167: Application Of Other ProvisionsSection 168: 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
Chapter - 11
Section 237: Succession Deemed To Be OpenedSection 238: Heir Entitled To SuccessionSection 239: Order Of Preference Of Heirs For SuccessionSection 240: Distant Heir Entitled To SuccessionSection 241: Maintaining And Caretaking Heir Entitled To SuccessionSection 242: Separated Heir Entitled To SuccessionSection 243: Maintaining And Caretaking Person Entitled To SuccessionSection 244: Not To Be Obliged To Accept SuccessionSection 245: Disqualified For SuccessionSection 246: Obligations And Rights Of Person Upon Whom Succession Is DevolvedSection 247: Creditor May Recover DebtSection 248: Local Level To Receive Property Under SuccessionSection 249: Succession To Property Of Foreigner Died In NepalSection 250: Statute Of Limitation
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 - 2
Section 266: Ownership To Be DeemedSection 267: Right Of OwnerSection 268: Possessory Right To Be DeemedSection 269: When Possessory Right Can Be AcquiredSection 270: Person Competent To Acquire Possessory RightSection 271: Rights Of PossessorSection 272: Circumstances When Possessory Right Is ExtinguishedSection 273: Adverse Possessory Right To Be DeemedSection 274: Compensation To Be PaidSection 275: Statute Of Limitation
Chapter - 3
Section 276: Prohibition Of Use, Temperance Or Acquisition Of Other's PropertySection 277: Property To Be InviolableSection 278: Safety Measures To Be AdoptedSection 279: Prohibition Of Building A House In Other's Land Without ConsentSection 280: To Leave Land While Putting WindowSection 281: Prohibition Of Channeling Water Of House Or RoofSection 282: Prohibition Of Making Safety Tank Adjoining To Neighbor's LandSection 283: To Leave Land While Digging Well Or KuwaSection 284: Prohibition Of Planting Trees Or Plants Causing EffectSection 285: Compensation To Be RecoveredSection 286: Statute Of Limitation
Chapter - 4
Section 287: Prohibition Of Use Of Other's LandSection 288: Requirement To Allow Land To Be Used For DitchSection 289: Prohibition Of Using Whole Water Of River Or StreamSection 290: Prohibition Of Making New Ditch Affecting Irrigated FieldSection 291: Use And Allocation Of Ditch WaterSection 292: Prohibition Of Alteration In Ditch Without ConsentSection 293: One Who Does Not Make Labor Or Expenses In Making Ditch Not Allowed To Use WaterSection 294: Construction Of Ditch Or Use Of Water With Mutual ConsentSection 295: Cultivation Of Land Adjacent To River BankSection 296: Prohibition Of RegistrationSection 297: Transmission And Registration And Deregistration To Be EffectedSection 298: 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 - 10
Section 406: Donation Or Gift Deemed To Be EffectedSection 407: Property May Be Donated By PronouncementSection 408: Voidance Of Donation Or GiftSection 409: Donation Or Gift To Be VoidableSection 410: Power To Amend Or Revoke Deed Of Gift With TestamentSection 411: Not To Obtain Property Under Deed Of Gift With TestamentSection 412: 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 - 13
Section 454: Pre-emption Deemed To Be MadeSection 455: Entitlement Of Heir To Pre-emptionSection 456: Pre-emption By TenantSection 457: Pre-emption Of Sold HouseSection 458: Pre-emption Of House Donated Or GiftedSection 459: Where Pre-emption Is Not PermittedSection 460: Procedures For Making Pre-emptionSection 461: To Update Records Upon Pre-emptionSection 462: Statute Of Limitation
Chapter - 14
Section 463: Deed Deemed To Be RegisteredSection 464: Deeds To Be RegisteredSection 465: Other Deeds May Be RegisteredSection 466: Deed May Be Registered By CommissionSection 467: Deed May Be Approved And Registered With Office In Other DistrictSection 468: Fee Chargeable For Registration Of DeedSection 469: Obligation To Pay FeesSection 470: Provision Relating To Payment Of AmountSection 471: Transmission And Registration And De-registration To Be MadeSection 472: Deed Registered At Earlier Date To Be ValidSection 473: 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 - 1
Section 493: Obligation To Be CreatedSection 494: Circumstances In Which Obligation Is CreatedSection 495: Obligation To Be FulfilledSection 496: Obligation To Be Fulfilled Within The Prescribed TimeSection 497: Each Person To Fulfill ObligationSection 498: Obligation May Be DivisibleSection 499: Obligation To Be Fulfilled In Good FaithSection 500: To Bear Compensation For Failure To Fulfill ObligationSection 501: Obligation Contrary To Law Not To Be FulfilledSection 502: Impossible Obligation Not To Be FulfilledSection 503: Statute Of Limitation
Chapter - 2
Section 504: Contract Deemed To Be MadeSection 505: Contract Enforceable By LawSection 506: Persons Competent To Concluded ContractSection 507: Parties To Be AutonomousSection 508: Offer And Acceptance Deemed To Be CompletedSection 509: Offer Or Acceptance May Be RevokedSection 510: Offer Deemed To Be RevokedSection 511: Contract According To Offer Made Before The PublicSection 512: Place Of Formation Of ContractSection 513: Contingent ContractSection 514: Application Of General Provisions Of ContractSection 515: Interpretation Of ContractSection 516: Statute Of Limitation
Chapter - 4
Section 521: Obligation Under Contract To Be FulfilledSection 522: Reciprocal Performance Of ContractSection 523: Time And Manner For Performance Of ContractSection 524: Place For Performance Of ContractSection 525: Performance Of Contract Deemed To Be DelayedSection 526: Time To Be Considered As Essence Of ContractSection 527: Circumstances Where A Contract Needs Not Be PerformedSection 528: Assignment Of Rights And Liabilities Under A ContractSection 529: Party Who Must Perform ContractSection 530: Only The Parties To Contract Can Demand Its PerformanceSection 531: Discharge Of Contracts In The Event Of Fundamental Changes In CircumstancesSection 532: Facilities To Be ProvidedSection 533: Contract May Be Suspended Or AlteredSection 534: Statute Of Limitation
Chapter - 5
Section 535: Breach Of Contract Deemed To OccurSection 536: Indivisible Nature Of The Authority To Rescind ContractSection 537: Compensation For Breach Of ContractSection 538: Consequences Of Rescission Or Voidance Of ContractSection 539: Amount To Be Recovered In Proportion To Performed Contract (quantum Meruit)Section 540: Specific Performance Of ContractSection 541: Power Of Court To Make OrderSection 542: Compensation To Be Ascertained In Monetary ValueSection 543: Power Of Court To Consider MattersSection 544: Statute Of Limitation
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 - 7
Section 563: Contract Of Guarantee Deemed To Be MadeSection 564: Surety's ObligationSection 565: When Surety Is In Discharge From ObligationSection 566: Relation Between The Surety And The Principal DebtorSection 567: Surety To Substitute CreditorSection 568: When Contract Of Guarantee Can Be VoidedSection 569: Obligation Of Sureties To Be EqualSection 570: Continuous GuaranteeSection 571: Contract Of Indemnity Deemed To Be ConcludedSection 572: Provisions Relating To SubrogationSection 573: Rights Of SubrogatorSection 574: Statute Of Limitation
Chapter - 8
Section 575: Contract Of BailmentSection 576: Bailment Deemed To Be CompletedSection 577: To Disclose Faults In Goods BailedSection 578: Obligations Of BaileeSection 579: To Return Bailed GoodsSection 580: Bailor To Be Liable For Other's Goods BailedSection 581: Goods Given For Repair And Maintenance To Be ReturnedSection 582: Costs Incurred In Taking Care Of Bailed GoodsSection 583: Contract Of Bailment To Be VoidSection 584: Statute Of Limitation
Chapter - 9
Section 585: Contract Of Pledge Or Deposit Deemed To Be MadeSection 586: To Return Goods Collateraled Or DepositedSection 587: Rights Of The Person Who Obtains Collateral Or DepositSection 588: Consequences Of Pledge Or Deposit Of Goods By Non-ownerSection 589: Creditors To Be On Equal Footing (pari Pasu)Section 590: Statute Of Limitation
Chapter - 10
Section 591: Contract Of Agency Deemed To Be MadeSection 592: Recognition Of Transaction Carried Out By AgentSection 593: Power To Appoint Sub-agentSection 594: Matters To Be Complied With By AgentSection 595: Agent To Be ResponsibleSection 596: Principal To Be Liable When Leading To Believe That Act Is Done With AuthoritySection 597: Termination Of AgencySection 598: Agent May Not Be RemovedSection 599: Renunciation Of Agency By Agent Not AllowedSection 600: Removal Of Sub-agent Together With AgentSection 601: Statute Of Limitation
Chapter - 11
Section 602: Contract For Carriage Of Goods Deemed To Be MadeSection 603: Carrier’s ObligationsSection 604: Carrier To Be LiableSection 605: Right To Sell Goods Without Consent Of OwnerSection 606: Carrier’s Liability To Be LimitedSection 607: To Bear CompensationSection 608: Termination Of Carrier's LiabilitySection 609: Statute Of Limitation
Chapter - 12
Section 610: A Contract Of Lease Deemed To Be MadeSection 611: Form Of The Leased Goods Not To Be ChangedSection 612: To Use The Leased Goods In Good FaithSection 613: To Repair And Maintain Leased GoodsSection 614: Lessor To Be Informed If Goods Are Not UsableSection 615: Lessee To Be LiableSection 616: To Pay Lease RentSection 617: Validity Period Of Contract Of LeaseSection 618: Leased Goods May Be Sub-leasedSection 619: To Return Leased GoodsSection 620: Special Provision Relating To The Contract Of Lease Of Immovable PropertySection 621: Contract Of Lease May Be TerminatedSection 622: Provisions Relating To House Rent To ApplySection 623: 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 - 14
Section 640: Employment In WorkSection 641: Wages To Be PaidSection 642: Provisions Of Safety Measures To Be MadeSection 643: Prohibition Of Employing For More Than Eight HoursSection 644: Special Provisions Relating To Domestic HelpersSection 645: Undertaken Work Not To Be Left IncompleteSection 646: Wages To Be Paid To EmployeeSection 647: 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
Chapter - 16
Section 664: Unjust Enrichment To Be DeemedSection 665: Thing Taken By Mistake To Be Returned (solutio Indebiti)Section 666: To Pay Back Debt Paid By MistakeSection 667: To Return Goods Or Amount Taken With Malafide Intention And Benefits Accrued TherefromSection 668: To Pay Debt Paid By Third PersonSection 669: Right To Claim Reimbursement If Payable Tax Paid By Another PersonSection 670: Goods Found May Be Kept Upon Giving Information To PoliceSection 671: Statute Of Limitation
Chapter - 17
Section 672: Tort Deemed To Be CommittedSection 673: Parents To Bear LiabilitySection 674: Guardian Or Curator To Bear LiabilitySection 675: Employer To Bear LiabilitySection 676: Owner Of Animal To Bear Liability For Loss Or Damage Caused By AnimalSection 677: House-owner To Bear Liability For Loss Or Damage Caused By Its CollapseSection 678: Owner Of Property To Bear LiabilitySection 679: House-head To Bear LiabilitySection 680: To Bear Liability For TrespassSection 681: To Bear Liability JointlySection 682: Compensation To Be Paid For LiabilitySection 683: Not To Bear Liability If Separate Provision Is MadeSection 684: Statute Of Limitation
Chapter - 18
Section 685: To Be Liable For Defective ProductSection 686: Claimant To Prove That Product Is DefectiveSection 687: To Be In Discharge Of LiabilitySection 688: Quantum Of Liability May Be ReducedSection 689: Product Not Deemed To Be DefectiveSection 690: Not To Prejudice Other RightSection 691: 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