Section 249
Succession To Property Of Foreigner Died In Nepal
(1) If a
foreigner who dies in Nepal has property without heir in Nepal, a
person who performs his or her obsequies or maintains his or her
books and accounts shall immediately give a notice thereof to the
nearby Local Level.
(2) If a notice is received pursuant to sub-section (1), the
Local Level shall prepare an inventory of the properties of the
deceased in witness of at two local persons and forward the
inventory, accompanied by a copy of the memorandum (Muchulka)
executed to that effect, to the concerned district level administrative
office.
(3) If a memorandum, along with the inventory of
properties, is received pursuant to sub-section (2), such an office
shall immediately give information thereof to the Federal Ministry
of Home Affairs.
(4) If information referred to in sub-section (3) is received,
the Federal Ministry of Home Affairs shall also send a notice, in
accordance with law, through the diplomatic channel of the
concerned country, to the heir of the dead person to appear to
receive the properties of the deceased within four months.
136
(5) If information under sub-section (3) is received upon
the death of a citizen of a country having no diplomatic relation
with Nepal, the Federal Ministry of Home Affairs shall publish a
notice in a national daily English newspaper for receiving such
property within six months, and the Federal Ministry of Home
Affairs shall also put such notice on its website.
(6) If the heir of the deceased appears within the time-limit
referred to in sub-section (4) or (5), the property that remains after
deducting therefrom the expenses incurred in the performance of
obsequies of the dead person or providing such expenses the person
having performed such obsequies, and ten percent of the property,
shall be returned to the concerned heir.
(7) If no heir of the dead person appears within the timelimit
referred to in sub-section (4) or (5) or his or her address is not
traced out, the property that remains after providing the expenses
incurred in the performance of obsequies of the deceased to the
person having performed such obsequies shall devolve on the Local
Level.
(8) The property received by the Local Level pursuant to
this Section shall be used only for public interest.