Women's Property Rights

Women’s Property

Women’s property is a private property. A woman is the sole exclusive owner of such property. The term “property” in women’s property refers to movable and immovable type of property.

Movable property

Immovable property

·         Cash or goods that can be transacted as cash or foreign currency,

·          Gold, silver, jewelry, Ratna, gold or silver ornament or precious stone,

·          Other good that can be moved from one place to another,

·         A bond, security, promissory note, bill of exchange, letter of credit or other negotiable instrument or a benefit derived therefrom,

·          Intellectual property,

·          A right in security,

·          A trade good-will or franchise,

·          A property other than the immovable property

·         A building or land or structure fixed thereto,

·         Any goods attached to a building or land permanently,

·         A mine, stone or mineral embedded in land,

·         Natural water, surface water and underground water,

·         A building or other structure so made permanently that it can float over a river, lake or pond,

·         A standing tree, plant or fruit tree or fruit or flower growing on such a tree, plant or fruit tree or crops in the land,

·         A movable property attached to an immovable property.

 

What is women’s property?

According to the National Civil Code, 2074, under Chapter- Property, Section 256(g, h)

- Property deemed to be Private Property:

  • Property earned or acquired by a woman prior marriage,
  • Property acquired from her parental side
  • Property received from her husband by the mutual consent of coparceners for exclusive ownership
  • Property received as gift from friends or relatives from her husband’s side.

Is women’s property a matter of partition?

No, women’s property is a private property. A private property isn’t a subject of partition.

What happens to the property after the death of the woman?

After the death of the woman, the property owned by such woman shall be a subject of succession as per prescribed by the civil code.

Main points to be considered in succession:

Who gets the property?

After a person’s property is opened for the succession, his/her nearest heir shall be entitled to succession.

Who is the nearest heir?

The National Civil Code, 2074 Section 239 - order of preference of heirs for succession:

(1) The order of preference of nearest heirs for succession shall, subject to the other Sections of this Chapter, be as follows:

  1. Husband or wife living in the undivided family,
  2. Son, daughter, widow daughter-in-law living in the undivided family,
  3. Father, mother, step mother, grand-son, granddaughter, grand-daughter-in-law, on the side of son or daughter, living in the undivided family,
  4. Separated husband, wife, son, daughter, father, mother, step-mother,
  5. Separated grand-son, grand-daughter from the son's generation,
  6. Separated grand-father, grand-mother,
  7. Grand-father, grand-mother, elder brother, younger brother, elder sister, younger sister, widow elder brother’s wife or younger brother’s wife living in the undivided family,
  8. Uncle, aunt, nephew, niece, living in the joint family,
  9. Separated elder brother, younger brother, elder sister, younger sister, widow elder brother's wife or younger brother's wife.

Is being the nearest heir as per the code enough to gain succession?

No, only being the nearest heir as per the order of preference of the heir isn’t enough to gain succession. As per the provision under section 243 of The National Civil Code2074, the person entitled to succession must have maintained and taken care of such person. In case that the heir fails to do so the distant heir who has maintained and taken care of such person will be entitled to succession regardless of the order of the heir preference.

 

What happens to the property of divorcee women after her death?

According to Section 101 of The National Civil Code2074, on the death of any divorcee woman her son/daughter, if any, shall be entitled to her property and if not, the previous husband shall obtain the property received by her from such a husband, and the successor on her mother’s side shall obtain the other property.

Disclaimer: This writing is prepared to share general information only and for legal purposes, advice of legal professionals is must. 

RELATED PROFESSIONALS:

  • ADVOCATE AJAYA SHRESTHA
  • ADVOCATE PRABIN SHRESTHA

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