Inheritance Laws in Nepal

If you have inherited or plan to inherit property in Nepal, you need to be aware of the inheritance laws in Nepal. These laws govern how the property, rights, and obligations of a deceased person are transferred to his or her legal heirs or successors. In this article, we will explain the types of inheritance, the rights and duties of heirs, the special cases of inheritance, and the inheritance by non-resident Nepalis (NRNs). We will also provide some tips on how to consult a legal expert before making any decision regarding inheritance in Nepal.

Types of Inheritance in Nepal

According to the National Civil Code 2017, which replaced the previous Muluki Ain 1963, there are three types of inheritance in Nepal:

• Transfer of inheritance rights in written form: This refers to the transfer of property by a valid will made by the deceased person. A will is a legal declaration that expresses the wishes of the testator regarding the distribution of his or her property after death. A will must comply with certain formalities, such as being written, signed, and witnessed by two competent persons. A will can be revoked or amended by the testator at any time before death.
• Transfer of inheritance rights in unwritten form: This refers to the transfer of property by operation of law in the absence of a valid will. The Civil Code provides a list of heirs who are entitled to inherit according to their order of preference. The order of preference is as follows:
  1. Husband or wife living in the undivided family
  2. Son, daughter, widow daughter-in-law living in the undivided family
  3. Father, mother, stepmother, grandson, granddaughter, granddaughter-in-law on the side of son or daughter, living in the undivided family
  4. Separated husband, wife, son, daughter, father, mother, stepmother
  5. Separated grandson, and granddaughter from the son’s generation
  6. Separated grandfather, grandmother
  7. Grandfather, grandmother, elder brother, younger brother, elder sister, younger sister, elder brother’s wife or younger brother’s wife (widow) living in the undivided family
  8. Uncle, aunt, nephew, niece, living in the joint family
  9. Separated elder brother, younger brother, elder sister, younger sister, elder brother’s wife or younger brother’s wife (widow).
• Transfer of inheritance by way of will: This refers to the transfer of property by a special provision made by the deceased person in favor of a specific person or institution. The Civil Code allows a person to make a will for up to one-third of his or her property for charitable or religious purposes or for any other person who is not an heir by law.

Rights and Duties of Heirs in Nepal

The heirs who inherit the property of the deceased person have certain rights and duties regarding the property. Some of these are:

• The heirs have the right to possess and enjoy the property according to their share and interest.
• The heirs must pay off the debts and liabilities of the deceased person from his or her property.
• The heirs have the right to claim their share from any other heir who has taken more than his or her share.
• The heirs must maintain and protect the property from any loss or damage.
• The heirs have the right to partition and divide the property among themselves by mutual consent or by court order.
• The heirs must respect and fulfill any conditions or restrictions imposed by the deceased person on his or her property.

Special Cases of Inheritance in Nepal

The Civil Code also deals with some special cases of inheritance that may arise due to various circumstances. Some of these are:

• Inheritance by married daughters: A married daughter has the right to inherit from her parents if she takes care of them in their old age or illness and if her brothers neglect their responsibilities towards them. However, if she inherits from her parents, she cannot inherit from her husband or in-laws.
• Inheritance by merged property: If a person dies after merging his or her ancestral property with another person's property, such as by gift or sale, his or her heirs can claim their share from that merged property only if they can prove that it was done without their consent or knowledge.
• Inheritance by caretakers: If a person dies without any heir and someone else takes care of him or her during his or her lifetime, that person can inherit his or her property if he or she can prove that he or she spent money and labor for his or her maintenance and welfare.
• Inheritance by renunciation: An heir can renounce his or her right to inherit from a deceased person if he or she wishes to do so by giving a written notice to other heirs or by filing a petition in court.
• Inheritance by disqualification: An heir can be disqualified from inheriting from a deceased person if he or she commits any act that amounts to killing or attempting to kill the deceased person or any other heir or if he or she abandons or mistreats the deceased person or any other heir.

Inheritance by Non-Resident Nepalis (NRNs) in Nepal

Non-resident Nepalis (NRNs) are foreign citizens of Nepalese origin who have obtained an NRN identity card from the Government of Nepal. NRNs have certain rights and obligations regarding inheritance in Nepal. Some of these are:

• NRNs can inherit ancestral property from both Nepalese and NRN citizens without seeking approval from the Government of Nepal.
• NRNs can also inherit non-ancestral property from Nepalese and NRN citizens with the approval of the Government of Nepal.
• NRNs can own and maintain inherited property in Nepal at par with other Nepalese citizens.
• NRNs can transfer or dispose of inherited property in Nepal with the approval of the Government of Nepal.
• NRNs can also make a will for their property in Nepal according to the Civil Code.

How to Consult a Legal Expert for Inheritance in Nepal

Inheritance laws in Nepal are complex and dynamic. They aim to balance the rights and interests of various parties involved in the succession of property. They also reflect the social and cultural values of the Nepalese society. Therefore, it is advisable to consult a legal expert before making any decision regarding inheritance in Nepal. A legal expert can help you with the following:

• Understanding the inheritance laws and procedures in Nepal
• Preparing and executing a valid will for your property in Nepal
• Obtaining and verifying the necessary documents for inheritance in Nepal
• Dealing with any disputes or challenges regarding inheritance in Nepal
• Protecting your rights and interests as an heir or a successor in Nepal

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