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Property LawVERIFIED NEPAL LEGAL TERM
Hak-safiyab (हकसफिया)
English Equivalent:Pre-emption Right
Definition Summary
"The legal right to purchase adjacent property before other buyers."
Detailed Explanation
Hak-safiyab is the right of a co-owner or immediate neighbor to purchase shared or adjoining land when it is put up for sale.
Legal Basis in Nepal Law
Muluki Civil Code 2074, Property Chapter.
Practical Example
A brother exercises his hak-safiyab to buy the adjoining ancestral plot sold by his sibling.
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).