Section 7
Upper Ceiling Of Land Allowed To Be Owned By Person As Landowner
(1)9 Any person or his/her family may, as a landowner, own land within the following ceiling in the following area, not exceeding a total of 10 Bigaha10:
(a) All Terai regions including inner Terai -10 Bigaha
(b) Kathmandu Valley -25 Ropani
(c) All hilly regions except Kathmandu Valley -70 Ropani
(2)11 Notwithstanding anything contained in Sub-section (1), any person or his/her family may, in addition to the land as referred to in Subsection (1), own such land as is required for house and premises not exceeding the following ceiling: (a) All Terai regions including inner Terai -1 Bigaha (b) Kathmandu Valley -5 Ropani (c) All hilly regions except Kathmandu Valley -5 Ropani
(3)12 Where one has, prior to the commencement of Sub-sections (1) and (2), transferred the title of landowner to any land in the areas where these Sub-sections have come into force, to any other person, except the heir or coparcener having right to partition share under the prevailing laws of Nepal, by way of sale, donation, gift, exchange or otherwise, and an instrument of transfer/conveyance has not been
registered until the date on which these Sub-sections have come into force, and the aggregate of the land so conveyed to the other lands owned by him/her or his/her family exceeds the ceiling set forth in Sub-sections (1) and (2), such conveyance and acquisition of the title to the land shall not be recognized for purposes of this Section; and this Section shall apply as if such land were held by the landowner conveying his/her title thereto.
Provided that, this Sub-section shall not apply in cases where a claim has already been made to get the instrument registered prior to the commencement of this Section.
(4)13 If, in those areas where Sub-sections (1) and (2) have come into force, a landowner who owns in his/her name or in his/her family’s name the land exceeding the ceiling allowed under these Sub-sections until the date on which these Sub-sections have come into force has, after the commencement of these Sub-sections, transferred the title to such land to any other person except the heir or coparcener who is entitled by the Nepal law to partition share, by way of sale, gift, donation, exchange or otherwise, such transaction shall not be recognized for purposes of this Section, irrespective of registration or nonregistration of an instrument of such transaction; and this Section shall apply as if such land were owned by the landowner conveying his title thereto. Provided, however, that this Sub-section shall not apply to a gift or donation granted by any person to a public educational institute.
(5)14 In the case of a land subject to tenancy, half portion of the landowner and tenant each shall be calculated, for purposes of Sub-section (1).
(6)15 Notwithstanding anything contained elsewhere in this Section, in the case of a landowner in respect of whom a previous action relating to ceiling is yet to be decided by the date of commencement of this Section, the upper ceiling as referred to in this Section shall apply only after the settlement of the action relating to the ceiling allowed to be owned in accordance with the previous provision.
(a) All Terai regions including inner Terai -10 Bigaha
(b) Kathmandu Valley -25 Ropani
(c) All hilly regions except Kathmandu Valley -70 Ropani
(2)11 Notwithstanding anything contained in Sub-section (1), any person or his/her family may, in addition to the land as referred to in Subsection (1), own such land as is required for house and premises not exceeding the following ceiling: (a) All Terai regions including inner Terai -1 Bigaha (b) Kathmandu Valley -5 Ropani (c) All hilly regions except Kathmandu Valley -5 Ropani
(3)12 Where one has, prior to the commencement of Sub-sections (1) and (2), transferred the title of landowner to any land in the areas where these Sub-sections have come into force, to any other person, except the heir or coparcener having right to partition share under the prevailing laws of Nepal, by way of sale, donation, gift, exchange or otherwise, and an instrument of transfer/conveyance has not been
registered until the date on which these Sub-sections have come into force, and the aggregate of the land so conveyed to the other lands owned by him/her or his/her family exceeds the ceiling set forth in Sub-sections (1) and (2), such conveyance and acquisition of the title to the land shall not be recognized for purposes of this Section; and this Section shall apply as if such land were held by the landowner conveying his/her title thereto.
Provided that, this Sub-section shall not apply in cases where a claim has already been made to get the instrument registered prior to the commencement of this Section.
(4)13 If, in those areas where Sub-sections (1) and (2) have come into force, a landowner who owns in his/her name or in his/her family’s name the land exceeding the ceiling allowed under these Sub-sections until the date on which these Sub-sections have come into force has, after the commencement of these Sub-sections, transferred the title to such land to any other person except the heir or coparcener who is entitled by the Nepal law to partition share, by way of sale, gift, donation, exchange or otherwise, such transaction shall not be recognized for purposes of this Section, irrespective of registration or nonregistration of an instrument of such transaction; and this Section shall apply as if such land were owned by the landowner conveying his title thereto. Provided, however, that this Sub-section shall not apply to a gift or donation granted by any person to a public educational institute.
(5)14 In the case of a land subject to tenancy, half portion of the landowner and tenant each shall be calculated, for purposes of Sub-section (1).
(6)15 Notwithstanding anything contained elsewhere in this Section, in the case of a landowner in respect of whom a previous action relating to ceiling is yet to be decided by the date of commencement of this Section, the upper ceiling as referred to in this Section shall apply only after the settlement of the action relating to the ceiling allowed to be owned in accordance with the previous provision.