Property division and rights of relative to claim my self acquired property

Property division and rights of relative to claim my self acquired property

Hi there,

I am Elina, currently residing in Sydney Australia. I have been working as registered Nurse here therefore able to save some of my earnings to buy some property in Nepal. I have paid almost 80-90% of the deposit for the land but one concern raised prior transferring the name( naam saari garnu aghi) is that my husband’s side there are some issues with there ancestors property. His father and 2 uncles haven’t done property division yet because his uncles are not agreeing regarding some loan issues.   

I was told that Due to this if in future the uncles want to go court for property division then all of the property and saving of my husbands family will be divided with them including mine and my husband’s saving which is totally self acquired as we are overseas. Is this true and legal?

Could you please give me some advise. I am planning to visit Nepal soon to sort out this issue but not sure where to begin with.

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Answer(s)
  • Advocate Shital Subedi Says:
    1 month ago

    If you have proofs of self earning your property and have channeled your earning legally (proper banking channel) from Australia to Nepal, no need to worry. If you do not have sufficient proof to claim self earning then it will be claimed by others as ancestral property. You may contact us for further details viber/whatssapp/tel +977 9851162105 or [email protected] Thanks. 


  • Advocate Kamal Khadka Says:
    1 month ago

    The taxpaying system in Australia is better than in our taxpaying system in Nepal.  All you need is tax clearance certificate which may be lying in your mailbox in courtyard, that will avoid any doubt or question regarding investment or other use of your earning.  You may invest, possess and  use your earning independently and even your spouse may not make legal claim in your earning unless you provide him in kind (this applies in Nepal only).  For further info. contact [email protected]

    Thanks and regards: Kamal


  • Advocate Ajay Shrestha Says:
    1 month ago

    Self acquired property/self earned property of any person is his/her absolute property. Such property will not be divided among family. 

    For further details and advise, we need more information, please contact to us in whatsapp/viber +977-9841095964.


  • Advocate Ram Bahadur Mijar Says:
    1 month ago

    If your husband's father and uncles have not got a share and are yet to have a share, then they can claim on the property earned by you in a joint family. The court can divide the property in the names of joint family members. If it is confirmed from the source of income that it was earned from your private earnings, then it is not considered a share, it is considered private. The Civil Code of Nepal has made such an arrangement regarding his property.

    For further details and more information, please contact to us in whatsapp/viber +977-9841114443.


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