Possessory Right In Mortgaged Property To Be Deemed Transferred | Section 438

National Civil (Code) Act, 2017

Section 438

Possessory Right In Mortgaged Property To Be Deemed Transferred

erred: If any person mortgages any property, the possessory
right in such property shall be deemed to have been transferred to
the creditor from the date of its possession and enjoyment by the
creditor.
235

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