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 Returning to Nepal with us citizenship. Property ownership

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Posted on 01-07-21 6:48 PM     Reply [Subscribe]
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I am sure this has been discussed many times before so sorry if I bring up this topic again. I am sure this is not only problem for me, please looking for some good suggestions.



Due to circumstances we are thinking of moving to Nepal for good. I am thinking about getting gus citizenship and not give up my nepali citizenship. I want to put my house here on US for rent and have it as a passive income with care of property management. There is also social security check retirement I will be eligiable in couple years. Due to that I don’t want to give out my us citizenship. I am hesitant to leave US citizenship because of my passive income rental here and SSN payments-or just in case things don’t work out in Nepal and I have to return.



My question is as a US citizen, am I allowed to have property in Nepal-through some loopholes? I know legally its not possible but I am sure people are doing it somehow. Few suggested flying into Delhi and entering Nepal and then flying out of Delhi. For this, do you need india visa? What about my nepali passport? Do I need to give that away? I am not completely sure how all this works. Please enlighten me in detail



Some also suggested- no tell policy. Owning/transferring paternal lands in Nepal to US citizens (with nepali citizenship) without telling anyone. How does this work? How risky is it? How will I enter Nepal with us citizenship? Or do I use nepali passport? Wont they know when I transfer property in Nepal.



Excuse my ignorance.
 
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Posted on 01-07-21 10:02 PM     [Snapshot: 232]     Reply [Subscribe]
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Most well off American retire in in Mexican islands, New Zealand, Australia, Panama islands etc including Trump cronies while others poorly educated Blue collars Trump supporters are left to survive paycheck to paycheck while being brainwashed that all immigrants loot America. Irony huh??
p.s.   most immigrants do not pay just $750 in tax. 
 

Last edited: 07-Jan-21 10:03 PM

 
Posted on 01-07-21 10:51 PM     [Snapshot: 288]     Reply [Subscribe]
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-Ur totally safe until they find u cheating . After that your property will be nationalized plus some fines . Nepal is very strict in this matter after lal babu pandit kanda .

- nepal india transit , 2 passport .....it was possible until nepal implemented MRP now thats not a choice . Things even complicated post covid . Within a year nepal will have national identity card (digital) distributed replacing traditional nagarikta .so sooner all loopholes will be closed . Ur risking a dollar while saving a dime .

My advise to you would be just follow the rules , life would be miserable when you have to visit court and police at the age of retirement . Or u can retain your us passport and ask your spouse to give it up and transfer all nepal proprietors to her. Have not much choice . Zillions nepalies staying in GC just because they dnt want to risk nepal properties because its worth .

 
Posted on 01-07-21 11:27 PM     [Snapshot: 348]     Reply [Subscribe]
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why to get citizenship when you want go to nepal ? remember when you die you wont remember how many properties you have lolch
 
Posted on 01-08-21 10:32 AM     [Snapshot: 530]     Reply [Subscribe]
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Yes, I am having the same issue. Became US citizen with out much thinking. Now I am wondering whether I made the right decision or not?
 
Posted on 01-08-21 1:17 PM     [Snapshot: 627]     Reply [Subscribe]
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Keep Quiet! Stay under the radar- remember Saroj Khanal sir. If you go around put on a loud mic that’s problem. Worst case even your families n relatives could notify authorities about property n other stuff. If not get NRN card
 
Posted on 01-08-21 5:56 PM     [Snapshot: 741]     Reply [Subscribe]
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As per present constitution of Nepal Nepalis residing abroad are allowed to have dual citizenship ( except for the people residing in SAARC countries).
Nepal government prepared an amendment the citizenship act of 2063 describing the process for getting dual citizenship but unfortunately parliament is dissolved. Hopefully next parliament will approve the Bill .

As per the bill Nepalis residing abroad can have dual citizenship with full rights except political and security concerned activities.
You need the proof that you were Nepalis citizen before and your parents were/are Nepali citizen.
so wait for 1-2 yrs

 
Posted on 01-08-21 6:44 PM     [Snapshot: 795]     Reply [Subscribe]
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Dual citizenship is not gonna happen is Nepal, it’s a complex matter. The only way is to renounce your citizenship from your resident country.

If you have lot of ancestral property , getting a US citizenship might be a bad idea. You think those social security benefits that you’re salivating on is more than the property in Nepal ? I don’t think so... and even social security is not guaranteed !

Make a smart decision now rather than regretting later.
Last edited: 08-Jan-21 06:44 PM

 
Posted on 01-08-21 8:08 PM     [Snapshot: 847]     Reply [Subscribe]
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As a green card holder you can get social security, medicare etc..u can even own gun, join army , u cant vote or use ur passport to go to Europe on next flight ..oh and u cant cone to sajha or go to tic toc and barg u have a voting right, I guess that could be a big issue for some people
 
Posted on 01-08-21 8:17 PM     [Snapshot: 861]     Reply [Subscribe]
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The new constitution talks about continuation of citizenship not dual citizenship. Recently in Nepal there is some nexus of crooks who go after people's properties and sue then in court for ownership. They have from clerk to the judge in the gang and they publish a notice on gorkhapatra for 35 days then poof goes ur hard earned property. How are u going to go for Pepsi ( notice to appear)If they find out u dont have right to own property in Nepal then it's like stealing a candy from a kid. And no u cant hide it, Nepali immigration has ur record when u show ur blue passport at the air port. If u have more than 2 ropanis in ktm and more than 2 bigga in tarai ..think hundred times.
 
Posted on 01-09-21 12:17 AM     [Snapshot: 919]     Reply [Subscribe]
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Most of the people here sounds like guessing what can happen without first hand knowledge. This topic has been discussed in sajha many many times and I never heard anyone ran into legal issues owning property through inheritance.

I am US citizen and own bunch of properties in Nepal which I inherited. No issues whatsoever so far in that matter. Noone ever asked me anything regarding whether or not I can own it. I am planning to reconstruct some of my properties which probably going to be my second retirement home. The primary is of course going to be the one in US.

I think as long as we stay under NRN limit, we should be ok. Try not to brag or challenge anyone, stay low profile and everything should be just fine. Nepal is our home and I don't think we can/will be outcasted legally or socially for no reason. By the way I do have NRN as well just to be in a safe side.
 
Posted on 01-09-21 1:17 AM     [Snapshot: 957]     Reply [Subscribe]
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Someone may go over the speed limit every day and not get caught. Some may be only going over 5 miles for the 1st time and get ticketed, depends on their luck. The bottom line is there is law . Whether you happen to get caught or not is ur luck.
This is the best resource so far on nrna rules https://nepalesevoice.com/australia/nrn-citizenship-its-progress-and-current-status/

Points to ponder: if you have a foreign citizenship and still use ur nagarikta good luck but if u get caught it is punishable by prison a long one too.
*nrna card allows u to buy property to certain limit but u have to get a special permission from the secretary of foreign affairs . It doesn't talk about inherited property.

please read this from the nrn rules 2066, read no 3, it allows you to buy not inherite, read no 4 you have to get special permission from the office, read number 8 you will get a blue certificate , not lal purja... :

11. Facilities and concession for foreign citizen of Nepali origin: (1) Subject to the provision contained in Sub-rule (3) and (4), any foreign citizen of Nepali origin may purchase any land in any one of the region and not exceeding the following area, in order to reside within Nepal for him/her self or his/her own family in Nepal:- (a) Maximum 2 Ropani, in Kathmandu Valley, (b) Maximum 8 Kattha, in municipalities of the terai district, (c) Maximum 4 Ropani, in other municipalities except mentioned in (a) and (b), (d) One Bigaha, in village development committees of the terai district, except mentioned in part (b), or (e) 10 Ropani, in other areas except mentioned in (a), (b), (c) and (d). (2) The provisions of Sub-rule (1) does not prevail if any foreign citizen of Nepali origin has received any immovable property in the status of a Nepali citizen. 

(3) Any foreign citizen of Nepali origin if intends to purchase the land or the other property pursuant to the Section 10 of the Act and Subrule (1), shall submit an application mentioning the location, area and the price that has been fixed for the purpose of purchase of the land which he/she intends to purchase in his/her own or his/her family's name, 

(4) If the application has to be submitted pursuant to Sub-rule (3), the secretary shall give the permission to purchase the land and other immovable property within Nepal, in the name of the applicant or 7 www.lawcommission.gov.np his/her own family after making inquiry and ensuring that nothing has been against the Act or these Rules. 

(5) After receiving the permission pursuant to Sub-rule (4), the concerned office responsible for the registration pass (transfer deed) of the land shall make the registration of the land in the name of the foreign citizen of Nepali origin who has been intended to purchase the land and other property in his/her own or his/her family's name, subject to the provisions of the Act and there Rules. (6) Notwithstanding anything contained in the prevailing law, a person supposed to receive the identity card pursuant to the Act or these Rules shall not be liable to pay the visa fee.

 (7) Notwithstanding anything contained anywhere in these Rules, purchase of immovable property pursuant to the Act or these Rules shall not create further rights except those provided by the Act or these Rules. (8)Concerned land revenue office shall issue the blue colored certificate while issuing a land owner certificate of immovable property pursuant to these Rules.  
Last edited: 09-Jan-21 01:28 AM

 
Posted on 01-09-21 1:31 AM     [Snapshot: 965]     Reply [Subscribe]
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see points 6 , 7 and 8 from this weblink:

https://nepalesevoice.com/australia/nrn-citizenship-its-progress-and-current-status/


Using an invalid Nepali citizenship for any purpose shall is ‘illegal’ and likely to be met with a punishment. (Details of the likely punishment is unclear as of yet).

As per the invalid Muluki Ain (The National Code), if a foreign national owns or comes to own an immovable asset in Nepal, the concerned person shall immediately either sell it or hand it over to a Nepali citizen.

Provision to transfer a property to a Nepali citizen within 3 years of learning about property unknown to self – if not transferred within 3 years, the property could be transferred to the government. If it is family inherited, there is no time limit – however, the property cannot be transferred to the name of ‘Nepali citizen who has take up a citizenship of a foreign country’.
 
Posted on 01-09-21 11:47 AM     [Snapshot: 1122]     Reply [Subscribe]
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Some people here are mentioning having a US Citizenship, NRN Card, and still able to do property transfer in Nepal. When you get NRN card, don't you have to relinquish nepali citizenship card to the Nepalese Embassy? And without Citizenship card, you can not do anything in Nepal. Just wondering how some managed to make it work?
Last edited: 09-Jan-21 12:37 PM

 
Posted on 01-09-21 11:56 AM     [Snapshot: 1131]     Reply [Subscribe]
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Just cuz one person had no issues doesn’t mean that’s the law. Many people manage to do it without issues so far BUT you’ve to think for future. At some point it’ll be strictly monitored and your a** will get Fu***ed. So , make a proper decision now versus regretting later. You’ve to understand once you’re a US citizen, you’re no longer a citizen of Nepal and if you surrender your Nepali nagarikta for NRN , it’ll become almost impossible to get it back . Think about that too. I’ve seen many folks not getting NRN cards for that reason.
Remember how difficult they made it for Dhirendra ko Chhori to get citizenship ? They didn’t even give her.... it’s easy until you get caught.


 
Posted on 01-09-21 11:59 AM     [Snapshot: 1128]     Reply [Subscribe]
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No you don't . You still keep all your documents. Those are technically invalid. People won't care or check about those documents' validity in Nepal.

Someone of those NRNA rules are vague and doesn't make sense. Specially this one - Using an invalid Nepali citizenship for any purpose shall is ‘illegal’ and likely to be met with a punishment. (Details of the likely punishment is unclear as of yet).

How do you expect NRNs to do their daily activities ? Basic things like getting utilities, vehicle, or even paying taxes. Do they want to flash our NRN card every where? Does officials in those offices even recognize or know how to process NRN numbers ?

 
Posted on 01-09-21 12:42 PM     [Snapshot: 1175]     Reply [Subscribe]
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What I know from Nepalese Embassy website that you have to submit nagarikta to get NRN, and if you are a US Citizen, the nagarikta will not be returned.
 
Posted on 01-09-21 4:20 PM     [Snapshot: 1248]     Reply [Subscribe]
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See no 8 and 9 on the link I posted above :
Provision to transfer a property to a Nepali citizen within 3 years of learning about property unknown to self – if not transferred within 3 years, the property could be transferred to the government. If it is family inherited, there is no time limit – however, the property cannot be transferred to the name of ‘Nepali citizen who has take up a citizenship of a foreign country’.

9. If an NRN citizen is caught using an invalid Nepali citizenship, the court could issue a fine between NRS 20,000 to 100,000 and a jail sentence of 1 year to 5 years. The sentence will be decided by a court.

So if u toxic brother , vauju etc wants to take u to court cleaning rights to ur property because you have been maintaining the inherited property as a foreign nationals for more tha. 3 years , the court will pull ur immi records and give the inheritance to second in the line. Also for fraudgery they may revoke ur nrn card and ban u from visiting Nepal. It sounds harsh but it's the rule as of right now. And no nrn card doesnt give u any protection. It only allows u to buy certain land after getting approval from the Nepali govt once a blue certificate is provided not the lal purja as regular Nepali land owners.
Ita not implemented and lots of ppl dont know but if ppl like lal babu Pandit come I to power u gonna get some real issues.
Its in convenient for u ? Well ita Nepal they dont give a rat ass about ur convinience.
I am praying for new rules under the new constitution For years. Again read the link I posted to get a really good understanding of this issue. Read it from top to bottom


 
Posted on 01-09-21 11:03 PM     [Snapshot: 1400]     Reply [Subscribe]
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I don't give a crap about who will come in power and what rules they implement in future.

If you own something, just enjoy. If not don't sweat. Who knows what happens next in fail state. It may turn into singapore or Syria who knows. Its la la land there. lal babu, lal bihari or even bachhu yadav ...won't matter to regular people like myself
 
Posted on 01-10-21 12:09 AM     [Snapshot: 1447]     Reply [Subscribe]
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The law is vague? Not clear? yes you are right and if it's not obvious still , that's the whole point, that it is not clear enough for lots of us.

Its ur property and it goes without saying that its your choice what you want to do. I'm just sharing stuff that I found on the internet. When it comes to property and long term investment most people would like to cover all the bases to be safe.
If the law itself doesn't give u any right I personally wouldn't plan anything long term. But again do whatever u want , it's not like we gain anything from scaring ppl. If u do find a good source that explains what is guaranteed for nrna do share I would like to know myself.


 
Posted on 01-10-21 12:33 AM     [Snapshot: 1476]     Reply [Subscribe]
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go bindas be bindas
 



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