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 Quitting Nepalese Citizineship

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Posted on 01-29-13 7:24 AM     Reply [Subscribe]
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 Friends, last weekd I took citizenship oath of a new country I am living in. They give me new passport, while I handed over Nepalese passport they said I can have it.  I said as a Nepalese citizen (not anymore, feels emotional) I cant have two passports but they said they have no problem having me dual passports unless Nepa takes action.

I cam home with both the passports. I dont know what to do? Should I inform embassy here or I just keep Nepalese passport secretly? Malai mero desh ko dherai maya chha, ra pachhi gayer deshko lagi kehi garne ichchha pani chha. I think I can still do many things for Nepal if I want, acquiring foreign passport does not stop at all. I took this citizenship because it makes my life much easier and anyway I will be spending at least next 15-20 years here. I am 29 now.

I am just wondering, at one point its all illegal to have Nepalese passport on the other hand, I consoled myself saying that its ok, its harmless. what to do?

 
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Posted on 01-30-13 1:01 PM     [Snapshot: 1223]     Reply [Subscribe]
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 Freedom2012, by law, it is illegal to hold onto a Nepali Citizenship once you've naturalized in some other country. 
 
Posted on 01-30-13 1:24 PM     [Snapshot: 1242]     Reply [Subscribe]
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@Riddle bro,

on how to apply for the NRN card, point number 1 itself is,

1) A document that proves your Nepali origin : If you have a Nepali passport/citizenship certificate that is ideal.


If it is illegal, how can we have a Nepali passport?. One should be fine as long as one does not use it.  
 
Posted on 01-30-13 1:55 PM     [Snapshot: 1302]     Reply [Subscribe]
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 freedom2012, NRN card is nothing but a fad. I wouldn't read too much into the requirements and implications. If you get Naturalized in the U.S., you will lose inheritance rights of parental properties as you'll no longer be a Nepali Citizen. 
 
Posted on 01-30-13 2:37 PM     [Snapshot: 1331]     Reply [Subscribe]
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@Riddle bro,
I know that. To say something is illegal, there must be consequences for doing that illegal thing. Thus far, i have not see any nor heard of any. It must also be defined by Nepal law. I don;t see that. 

Regardless what an NRN card is, it is a government initiative. So one can actually print the information there and hold the government to task for writing it. So in future when they question you, you can actually tell them "Oh I was about to surrender it but when i read the point number 1 for the NRN card, i thought the government was telling me too keep my passport. How else can you justify that statement if not?". 

The government officials will then blush and leave you alone.

  
 
Posted on 01-30-13 4:20 PM     [Snapshot: 1432]     Reply [Subscribe]
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*Off-Topic*

"If you get Naturalized in the U.S., you will lose inheritance rights of parental properties as you'll no longer be a Nepali Citizen."

This seems to be a very gray area at the moment. Are you saying that Nepali govt will confiscate inherited properties if one becomes a foreign citizen riddle and freedom2012? Are you guys able to share a government legislation (current law) that supports this view (directly or indirectly)?


 
Posted on 01-30-13 4:32 PM     [Snapshot: 1462]     Reply [Subscribe]
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@javabeans,

is that a trick question?. Are you hinting at Sujata Koirala?,
 
Posted on 01-30-13 4:37 PM     [Snapshot: 1472]     Reply [Subscribe]
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On Topic ..

Foreign nationals are not allowed to own properties in Nepal. Once you become a foreign national (NRN) they have some ways for you to invest your newly earned money in Nepal. The NRN card may become handy for your new earned money but legally they can confiscate the property under your name once you become foreign citizen. Its a grey area in the send that its not practiced wide often. But lets say you are fighting with your brother for inheretence or he decides to take you to nepali court. Once he proves you are no longer a Nepali citizen all the bets are off.

Lets say you inherited the land and you have a dispute with your neighbour on the boundaries. You neighbor really wants to screw you and knows you are no longer a Nepali citizen. He takes you to court and you do not have any legal ground to fight for your inheritence.

One day when Babu Ram, Kamal Thapa or Ram Chandra needs more money they will take your land for sure.

Last edited: 30-Jan-13 04:40 PM

 
Posted on 01-30-13 4:44 PM     [Snapshot: 1488]     Reply [Subscribe]
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@sap dude,
not if you are Sujata Koirala.
 
Posted on 01-30-13 4:44 PM     [Snapshot: 1475]     Reply [Subscribe]
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Nope.

It's a fair and a legitimate question.

If one loses inheritance - the question is what is the govt's position on the benefits received from the asset: (i) is the govt going to give an opportunity to liquidate the asset so that the beneficiary realizes its monetary value, (ii) will the govt confiscate and make it a public property or (iii) will the govt take no action given unclear legislation.

I am asking whether you have evidence to riddle's statement since you seem to agree to it.
 


 
Posted on 01-30-13 5:29 PM     [Snapshot: 1552]     Reply [Subscribe]
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 JB, my source is someone who's worked for Kathmandu Municipality (or similar governing body) for a number of years. As much as I wished he weren't correct, it appears that's the truth. Like has already been said, inheritance of parental property is a gray area in Nepal but should you get caught up in some legal battle, the odds will heavily favor your opponent. 
 
Posted on 01-30-13 5:36 PM     [Snapshot: 1560]     Reply [Subscribe]
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@javabeans,
no legal evidence. But i have heard from many people the same thing. I remember reading a Nepalnews(?) article also which was highlighting such points regarding problems NRNs faced.
But if you are asking from a legal perspective, i have no clue.

 
Posted on 01-30-13 5:41 PM     [Snapshot: 1573]     Reply [Subscribe]
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I think it may mean if you have to go to court to inherit your property, you may lose the case. But you can own the property in Nepal with NRN card; that means you can transfer the property from your parents to your name if you don't have to fight for it in the court.
 
Posted on 01-30-13 6:43 PM     [Snapshot: 1635]     Reply [Subscribe]
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Yes ppl wre right on this topic. If a close rative claims there property stating u are no longer the owner of the property given the fact u have no leagal rights to own property from the day u gave up Nepali citizenship then u are in dodo.right now nrn is still new concept and they havent strickly watched who has foreign passport and who bas not.but its not too hard to implement the check process and no body can say it will never happen.
 
Posted on 01-30-13 8:08 PM     [Snapshot: 1688]     Reply [Subscribe]
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 My understand with the NRN rights to own property is with the new NRN money they have earned in outside currency. They can bring the capital in from outside and buy property in Nepal but NRNs are not immuned to keep the inherited property. NRN right of property is only for NEW MONEY earned outside of Nepal.



 
Posted on 01-30-13 8:59 PM     [Snapshot: 1746]     Reply [Subscribe]
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Go to : http://www.nepalembassyusa.org/nrn_id_no.php and download
Non- Resident Nepali Regulations 2066

bullet 11, in page 3, Benefits for foreigner with Nepali descends :
i) 2 ropanies withing kathmandu ii) 8 kattha in terai iii)4 ropanis which are in in (i) and (ii) area 1v) 2 bigahs in terai gawn bikash samiti v) 10 ropanis that are in in i) , ii) iii) or iv)

Now this is really imporatant. right below it on bullet (2), it says, Kunai Nepali mul ka bideshi nagariklay Nepali nagarik ko haisiyet lay Nepal ma kunai achal sampati prapta garayko bhaya upa Neeyam (1) is babesta lagu hunai chaina...

note: Upa Neeyam (1) states; Kunai gaair awaseya nepali wa neej ko pariwarlay gair aawaseya Nepali ko haisiyatma aafno naam darta garauna chahayma bidesh bhaya kunai negyog pramukh samachya ra Nepalbhitra bhaya sachim samachya nibedan dinu parnay.

So i understand that your inherited property is secure without Nrn card. but please give me your opinion, cuz i may be totally wrong




 
Posted on 01-31-13 2:32 AM     [Snapshot: 1942]     Reply [Subscribe]
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Now this is really imporatant. right below it on bullet (2), it says, Kunai Nepali mul ka bideshi nagariklay Nepali nagarik ko haisiyet lay Nepal ma kunai achal sampati prapta garayko bhaya upa Neeyam (1)  babesta lagu hunai chaina...

that is you have to buy property using NRN card and not using Nepali citizenship (becoz now you don't have Nepali nagarik ko haisiyet) . seems like you cannot have Inherited property transfer in your name - for that you need nepali citizenship.

so you have to buy your share of property from your parents using NRN card.  and Your parents can give that money back to you again.

 
Posted on 01-31-13 11:14 AM     [Snapshot: 2130]     Reply [Subscribe]
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That is what is meant buy new money. They welcome NRNs who want to bring foreign earned money and invest in it in land with limitation but it does not protect the inherited property.

 
Posted on 01-31-13 1:43 PM     [Snapshot: 2245]     Reply [Subscribe]
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 dcgirl ko idea gazzab laagyo hai malai ta...aafnai parents sanga property kinne ani paisa firta ni paune!!!
 
Posted on 02-01-13 12:32 AM     [Snapshot: 2434]     Reply [Subscribe]
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Some of the discussions came about during a recent NRN meeting. And I think they need to be properly addressed.

Let's go through a few scenarios for clarity.

1) Suppose Person A inherits a property in Nepal as a nepali citizen and becomes a foreign citizen aftwards. Does the govt have the right to confiscate the property? On what grounds? Or will the govt inform Person A to liquidate it asap and Person A keeps the proceeds?

2) Suppose Person A is a foreign citizen but is in line for an inheritance (if Person A was still a nepali citizen). The current owner of the property suddnely dies. Does the govt have the right to confiscate the property? On what grounds? Or will the govt inform Person A or the next of kin of the deceased to liquidate it asap and Person A keep the proceeds?

I think you'll notice the word 'confiscation' - this is important on how the govt treats these kinds of cases. In my view, the govt does not have the legal authority to confiscate property in this fashion (as I haven't seen any current legislation saying so) - they can warn and give notice to get rid of it but to confiscate somone's property, especially 'purkhauli jagga', would be challenged in the courts. How would you like someone to steal your parent's home for the last 50 years and not give you the opportunity to dispose of it properly?
I think this is the reason why there is no such cases (that I know of) that has come about thus far.

NRN card is a different ball game - as it does not serve any purpose in handling inheritance properly once you become a foreign citizen.


 
Posted on 02-01-13 2:19 AM     [Snapshot: 2482]     Reply [Subscribe]
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Java ji, there is a word in Nepali called aputali.it will go to the closest relative. I think no one really cares if u dont get sued but lets say your sibling or a closest relative claim on the property based on the fact thqt u no longer have a Nepali citizenship to retain the inherited property then the court will be forced to run an investigation on ur cittizenship status .if proven that u have given up the Nepali citezenship then thwy might win the case and have claim on the property. That is what I thin but I am also not sure myself.
 



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