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Property LawVERIFIED NEPAL LEGAL TERM
Aputali (अपुताली)
English Equivalent:Childless Inheritance
Definition Summary
"The legal inheritance of property belonging to a childless deceased person."
Detailed Explanation
Aputali governs how the assets of a childless deceased person are distributed among legal heirs, prioritizing close relatives.
Legal Basis in Nepal Law
Muluki Civil Code 2074, Property Law Chapter.
Practical Example
If an uncle dies childless, his estate passes to his nephews under the aputali rules.
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).