Posted by: JavaBeans February 1, 2013
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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.
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.