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Property LawVERIFIED NEPAL LEGAL TERM
Amsabanda (अंशबन्डा)
English Equivalent:Partition of Property
Definition Summary
"The division of joint family property or marital property equally between spouses."
Detailed Explanation
Amsabanda is the process of partitioning ancestral or joint family assets. Upon divorce, marital property acquired during the marriage is split equally.
Legal Basis in Nepal Law
Muluki Civil Code 2074, Part 3, Chapter 2 (Section 99) and Property Chapter.
Practical Example
During divorce proceedings, the court orders a partition of the husband's share of family land to be divided with the wife.
Property Division (Amsabanda) and Inheritance Rules in Nepal
Property partition and inheritance are governed by Chapter 10 of the Muluki Civil Code 2074. The law guarantees equal division of ancestral property among all legal heirs.
Key Statutory Rules:
- Equal Share Principle: Under Section 206, all coparceners (husband, wife, sons, and daughters) are entitled to completely equal shares of the ancestral property.
- Unborn Child Provision: If a female coparcener is pregnant at the time of partition, a share must be set aside for the unborn child before division.
- Self-Earned vs. Ancestral: Private property acquired through personal earnings, gifts, or inheritance remains sole property, while ancestral property is subject to partition.
- Registration: A partition deed (Amsabanda Kagaj) must be formally registered at the local Land Revenue Office (Malpot Karyalaya) to transfer land ownership.
Required Documentation:
- Land ownership certificates (Lalpurja).
- Relationship verification certificate (Nata Pramanpatra) from the ward office.
- Citizenship certificates of all coparceners.
- Approved partition blueprint from the survey office (Napi Karyalaya).