Property Rights of Daughter in Nepal (2081)

1. Rights regarding Property of Daughter in Nepal

Daughters have the right to inherit property, obtain equal property as coparcener, and act as a successor to their Parents inheriting their assets and liabilities. These Property Rights are legally enforceable in the Courts of Nepal and guaranteed by Right to Property and Rights to Women of the Constitution of Nepal.

2. Statutory provisions Governing Daughter Property Rights in Nepal

The Muluki Civil Code, 29074 (2017) is the governing statutory body for property rights of daughter in Nepal. Section 205 of the Chapter relating to Partition of Property has specified that daughters shall be considered as the Coparceners of Common Property. Moreover, the coparceners are entitled to an equal partition share. If the daughter are unable to obtain such Property from their father in the failure to trace him, they are legally permissed to obtain partition share from Mother. 

3. Inheritance Rights of Daughter

Daughters are equally entitled to obtain property from their Parents in Nepal. National Civil Code, 2074 (2017) Section 205 has stated that “For the purposes of apportionment of a property in common, the husband, wife, father, mother, son and daughter shall be deemed to be coparceners.” Thereby, the Code has guaranteed equal parent property rights of Daughters in Nepal. Each of the above-mentioned Coparceners are entitled to the equal partition share.

4. Succession Rights of Daughter

The Nepalese Law has stated that succession must be deemed open and provided the Order of Preference of Heirs for Succession. Daughters have been placed for the rights to succeed their parents at Second in Hierarchy along with Son AND Widow Daughter-in-law living in the Undivided Family. Nepalese Laws haven’t discriminated women based on gender when it comes to Succession Rights.

5. Conclusion

The Property Rights of Daughters in Nepal are extended to Inheritance and Succession Law enforced by the Constitution of Nepal and the National Civil Code. The Daughters must be recognized as Equal Coparceners with equal entitlement after the partition of Property. Even in the absence of their father, daughters can claim their rightful share, including from their mother.

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