Property rights in NEpal after becoming US citizen
What do you think guys....
If we become US citizen, do you thik we cannot claim any parental properties in Nepal? How does this work?
I think we need to discuss these stuff as well... what are the consequences of becoming US citizen?
Can your brothers in Nepal claim your house in USA as well?
sala yo USA ka nepali haru le sab bhanda thorai remittance pathau ne nepal ma...tyesh mathi usa ka nepali ko menta lity hera na...huda huda ta...aba property ko pani lobh garchan ba...us ma citizen, and well established..bhayera...thukka...buddi......
Last edited: 29-Jul-08 11:19 PM
Last edited: 29-Jul-08 11:19 PM
hello bimal ji:
Thanks for the information...
but my real interest is giving up all the property rights to my brothers... I don't want to go through all jhanjats... how can I do that? What's the procedure to declare that I need nothing.. so that there will be no hassles for my brothers to divide the properties among themselves..
US Nepali ji,
Here is what I did:
My Nepali nagarikta paper and a 'power of attorney' (adhikrit waresnama) remains in Nepal. When I acquired a non-Nepali citizenship, they took my Nepali passport only. When I go back, I can carry on being a Nepali for jagga-jamin purposes with my Nepali nagarikta. It was a day's work to do the same (transfer to someone else) at Dillibazar with some Rs5000 involved in paper pushing and wakil kharcha, besides the required malpot, if required.
Hope this helps
_x
मलाइ थाहा भए सम्म नेपालि नागरिकता नभएको मान्छे ले नेपालमा सम्पत्ति राख्न पाउँदैन । तर तपाईँले नेपालि नागरिकता त्यागेको कुरा जिल्ला कार्यालयलाइ थाहा हुँदैन किन भने कसैले पनि त्यहाँ सम्पर्क गरेको हुँदैन। यस्तो अवस्थामा तपाइँले पहलेकै तरिकाले काम काज गर्न सक्नु हुन्छ तर कसैले तपाइँले अरु नै देशको नागरिकता लिएको कुरा भनिदिन्छ भने तपाईँको सम्पत्ति स्वत: खारेज हुन्छ । कस्को जिम्मा मा जान्छ भन्ने चाहिँ मलाइ थाहा छैन।
पैत्रिक अँश नचाहिने कुरा जनाउन तपाईँले या त पहिले आफ्नो नाममा लिएर भाइहरुको नाममा नामसारि गर्न सक्नु हुन्छ - माथि भने जस्तै । वा तपाइँको लिखितम स्पष्टिकरणले काम गर्न सक्छ। यसमा पनि यदि तपाई जेठो पुत्र हो भने अझ सजिलो हुन्छ किन भने एक चोटि तपाईको भाइहरुको नाममा नामसारि गरिसकेको सम्पत्ति तपाईँले दावि गर्न पाउनु हुन्न तर दाजुको नाममा आएको पैत्रिक सम्पत्तिमा भाइले आफ्नो पैत्रिक अँश दावि गर्न पाउँछ।
Axara and Copycats... thanx for your input, and I am sure many will benefit from your comments in this thread.
In order to surrender all rights to parental properties, can't I just go there and tell the authority (jilla adalant or karyalaya?) that I will not claim anything in the future. So that my brothers can use it to divide the properties among themselves, whenever they want to. In that way, I will be free of burden for the future and will not have to go to Nepal at the time when they decide to divide the property.. coz whenever they decide to divide, I may not have time/vacation to go there.
Of course, it is always a simple way to simply be there in Nepal when they decide to divide the properties, and just sign all kinds of paper, relinquishing own rights. In that way I may not even have to declare that I have already got foreing citizenship or pay $250 to get NRN ID in Nepal.
I think we need to discuss in this here in sajha for the benefit of sajhaites.
kasaree american bhayako dai? hami layee pani sikaidenus na.....
US-Nepali bro,
What is the use or benefit of NRN-Nepali ID??? Please shed some light on it. Thanks!
I also don't know what's the use of getting NRN ID card.. except that you can use it for extended visa to go to Nepal.
Bimal_thapa wrote: namsari garda aauta ghar (not more thane 2
ropani matra )(kathmandu ) ma out side ktm 5 biga.only you and your
family ko use ko lagi matr no rental no business from that
property.good luck
What's the point of getting that also, if yourself is not living in Nepal.. does it mean that you can have that property, and ask your relative to keep on using... or later sell it? Confused.
US-Nepali Ji
You have to file Amsa Chod Patra with related district court. You may even make a power of attorney for the people you desire and send it to them.
Hi Santoshgiri jee
Amsa Chod Patra sounds to be a brilliant and easy step. I guess once we file Amsa Chod Patra at the district court, then there seems to be no requirement for going through jhanjhats of Adhikrit Waresnama.
How does this Amsa Chod Patra work?
Go and file for it, then give a copy to each of the dayadars (brothers)?
Is a single Amsa Chod Patra adeqaute to cover multiple properties? If so, then this could save any further visit to Nepal for just this amsa banda thing. Just by one visit file Amsa Chod Patra and everything could be solved in one shot.
1
Last edited: 01-Aug-08 05:02 PM
Has anybody done Amsa-Chhod Patra in Nepal? What does it take to complete this process... Could somebody explain? How much you paid to lawyer who did paperworks for you? and so on.
I think going through the hassles with NRN ID and so on.. It would be much easier to simply go to Nepal and then file Amsa Chhod Patra.. what do you think?
Would you give up all your property rights in Nepal, if you are well established abroad? Assuming that there are still your brothers sisters left in Nepal to inherit the properties.
I have seen lot of people who take their bhaag by Amsa Banda, and bring it over abroad then buy houses.....
Would you give up all your property rights in Nepal, if you are well established abroad? Assuming that there are still your brothers sisters left in Nepal to inherit the properties.
I have seen lot of people who take their bhaag by Amsa Banda, and bring it over abroad then buy houses.....
Option 1: In order to file Amsha Chod Patra, you need to give the power of attorney to a lawyer in Nepal. The lawyer will act on your behalf and file the case with related district court. Once decided, the verdict will have to be updated with all land administration offices (which are currently networked through a software). The Land Administration Office will have the record and your brothers can go to there to have the property divided evenly.
Option 2: If you favor any particular person, you may wish giving the person a Bakasparta or a Sekh Pachi ko Bakaspatra. It works like a will.
Option 3: Tell any of your brothers to file a law suit against you - for property division or property right as you have denounced Nepali citizenship. The court will send a summon to you to respond in writing. You can respond that you do not want to have property rights and that the property (any that may have been yours) could be divided equally to the remaining amshiyaars. Although it sounds like a hassle, this is a sound and perfect way.
Santosh Giri - www.santosgere.wordpress.com / www.anlus.org
Thanks a lot for your fantastic response, dear Santosh Giri-ji.
Yes,
Option 3 sounds funny.. but it might be easier to pursue. Also, Option
1 seems to be also quite useful. One can go to Nepal, talk wit a
lawyer, pay few grands and he will do for you. It's funny, however, you
are the one who is giving up all properties, and still you are paying
for doing that as well. If you don't want to pay for that, it's better
to ask the brothers to file case against you.. let them pay, as they
will finally get all the properties. It's OK to give up all to your
brothers.. at least they will feel that they hit the jackpots.. who
would not liek to hit the jackpots.. here we will keep on buying
lotto.. ha ha.. but actually you can make your brothers feel like
winners.
From the starting of this thread, I had a feeling that you are kind of reluctant to give up your claims for the properties in Nepal and looking for a way out to get a peice. Com'n man if you are a US citizen then transfer the property right to your bothers. They are you bother, its not that you are giving it to a Tom, Dick or Harry. Tell them you want to have Amsa Chod and your brothers will happily arrange it for your without you paying anything.
If you try to claim the property, your brothers will look for legal consultation. I would have done the same if one of my brother is well off in US and still want a piece of poor me. Then they will certainly file the case as said in option 3. Then what will be your plan, hire a lawer for the case or go to nepal for every hearing. Besides your relation with brothers will be bad.
Call you brothers and tell them you don't want anything and ask them to arrange for it.
"Call you brothers and tell them you don't want anything and ask them to arrange for it" :-
If you are really interested in giving all of our property to your brothers then above suggestion would be the best among all suggestions mentioned above.
Your brothers will do the rest that need to be done in Nepal. Just make a call and ask them to arrange for it. BUT.. if you don't want to give away your property to your brothers then look for more legal measures to make it look like.." you want to give away but legal hassle in Nepal is stopping it to do so."
Well, yes, it would be lot easier to just call the brothers in Nepal, and ask them to arrange for everything.
But problem is my parents don't want me to give up the rights.. they insist I keep my portions. That's why I looking for option to bypass all other s' wishes of me not giving up, and surrender everything quietly without too much noise and annoucements or hoopla. In this situation, it seems Option 1 is good, as suggested by Santosgiri.
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