National Civil (Code) Act, 2017
Section 459
Where Pre-emption Is Not Permitted
Notwithstanding anything
contained in Sections 478 and 479, any part of or house built under
the provision of joint housing shall not be subject to pre-emption.
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