Property law in Nepal: Property Lawyers in Nepal
30 May 2020
(Property/Real Estate Lawyers in Nepal)
Property law is the area of law by which property transactions are structured and disputes related to the property are to be resolved. This includes all the matter related to property (real estate) i.e. property settlement, buying and selling of houses or land, drawing up contracts between tenants and landlords, protection of intellectual property, etc. In Nepal, the provisions related to property law have been enshrined in Part 4 of Muluki Civil Code, 2074.
Main issues and areas of Property law:
a) Ownership and possession of property:
It deals with the ownership and possessory right of the property. The dispute related to the rights of owners and possessors has been always crucial in the society so, it deals with the acquisition, competency, and repeal of such rights over the property. Likewise, the compensation and possible remedies are also provided in order to handle the matter of ownership and possession of the property.
b) Government, Public and Community property:
The property law not only protects the rights over the personal property but also strives to safeguard the government, public and community property. It is strictly restricted to transfer the government, public and community property in the individual’s name which is the key factor that needs to be taken into consideration while dealing with such matters.
Trusts are the given property or assets by the trustee from the grantor according to the terms of the agreement. In Nepal, the concept of Guthi has been practiced from the time immemorial and the procedures related to its registration are well provided in the provisions of law. Trust can be in both private or public and its operation and management can be done as per the memorandum of incorporation. The trusts are established in Nepal mainly for the purpose of protection of cultural heritage and social welfare programs.
d) Transfer and acquisition of property:
The transfer of property can be done by the owner in the form of selling, donating or otherwise to another person. The provisions under the property law have provided the explicit right for the transfer of personal property whereas the joint property or property in common cannot be transferred without obtaining the consent of all who inherits such property. The possible remedies have been provided so that the transfer of property without violating the rights of the person.
e) Registration of deeds:
A deed related to transfer of property; mortgage, partition and establishment of trust must be registered in the concerned office for its validity and legal recognition. The procedures of registering the deeds and its time period of validation have been provided in order to secure the proprietary rights of people.
f) Intellectual property:
Intellectual property can be literary works, artistic expressions, designs and images. The property law safeguards the right of intellectual property in order to protect the creation of an owner. In Nepal, Copyrights Act, 2022 and Patent, Design and Trademark Act, 2059 governs the issue of intellectual property rights. The possible judicial remedies and compensation have been provided in case of infringement of intellectual property rights.
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