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 Divorce and ancestral property in Nepal
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Posted on 08-20-21 12:11 PM     Reply [Subscribe]
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I think this topic has been discussed in Sajha several times but I think my friend case is little different.

He is a US citizen and his wife is a PR. They have a US born kid(about 6 year old) . He had some ancestral property in Nepal which has not been divided between his father's sibling.

What will happen to property of Nepal if he gets divorced in US? Did they have to do anything in Nepal? I'm sure that his property in US will be divided.

Please share your experience and knowledge.
 
Posted on 08-20-21 12:52 PM     [Snapshot: 38]     Reply [Subscribe]
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I think US citizen cannot have property in Nepal legally so probably wont have to give anything. Hope so.
 
Posted on 08-20-21 1:30 PM     [Snapshot: 58]     Reply [Subscribe]
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बिदेसी नागरिक भएर्को १८० दिन पछि कानुनी रुपमा नेपालमा कुनै अचल सम्पति राख्न पायिन्न ( एसका केहि अपबाद छन्) , उसको श्रीमतीले जता divorce गरे पनि तपाईको भागमा पर्न आउने सम्पति माथि उसको दाबी पर्छ । श्रीमती बिदेशी नागरिक भए चै के हुन्छ थाहा भएन तर PR मात्र भए चै श्रीमती जी लाई खुदो पल्टियो । महिलाको हकमा नेपली कानुन ज्यादै उदार छ।
 
Posted on 08-20-21 1:38 PM     [Snapshot: 70]     Reply [Subscribe]
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As an US citizen, your friend does not have any right/claim to his ancestral property. Since he does not have any ancestral property (on legal basis), his wife cannot claim it.
Last edited: 20-Aug-21 01:41 PM

 
Posted on 08-20-21 5:37 PM     [Snapshot: 156]     Reply [Subscribe]
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As far as my knowledge, once you are US citizen you cannot have property in Nepal since you become foreign citizen.
 
Posted on 08-20-21 7:16 PM     [Snapshot: 204]     Reply [Subscribe]
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Here is a tiktok video by a lawyer on the topic. 

https://vm.tiktok.com/ZMRFgbSKo/
Last edited: 20-Aug-21 07:17 PM

 
Posted on 08-20-21 7:24 PM     [Snapshot: 216]     Reply [Subscribe]
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@Tyo din.... Your question is like, I am a man, how can I get pregnant? The answer is you cannot get pregnant. To get pregnant you must be a woman!
 
Posted on 08-21-21 7:01 PM     [Snapshot: 418]     Reply [Subscribe]
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Ur friend can apply nrn card which allows him to keep properties up to 2 ropenis of land in ktm etc.. https://nrna.org/faq/

Its imp to realize that Foregin citizens who were Nepali citizen before have special privilege of nrn card. 
Divorce and ancestral property can be tricky as well , best to consult with a lawyer but I think the following things play imp rule;
1. Ansha bands if already done before or not
2. How long married and if marriage was registered in Nepal or not


  1. Can NRN inherit property from their parents/relatives?
  • Yes as per provisions stated in the NRNA Bylaws 2066, their right to inheritance as per Nepali law is allowed. The new civil code of Nepal allows the holders of NRN Citizenship the right to inherit own and maintain property at par with 
 edited: 21-Aug-21 07:49 PM
Last edited: 21-Aug-21 07:51 PM

 
Posted on 08-28-21 12:49 PM     [Snapshot: 862]     Reply [Subscribe]
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I agree with ehho2. Tyo Din, I think your friend case is not straight forward, he need to contact with lawyer for anything related to his ancestral property. According to law in Nepal, he owes his wife the property after the division(ansha banda). If your friend do not want any property from his parents in Nepal and it had been mentioned in Ansha banda(before the divorce) , then it is different story.

In short, there may be different hidden angles in this case, so I would suggest your friend to consult the lawyer.
 


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