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Alpine Law Associates is the leading full-service law firm encompassing a wide range of legal practices located in Kathmandu, Nepal. It consists of a team of the country's best lawyers, each with expertise in their respective fields, tailored to meet clients' specific needs.

Office Address

Anamnagar-29, Kathmandu

Phone Number

+977 9841114443

Email Address

info@lawalpine.com

Civil Law in Nepal — Family, Property & Contract

Civil law in Nepal is the private-law framework that governs disputes between individuals, families, businesses, and NRNs under the National Civil Code 2074 (commonly the Muluki Civil Code) and the National Civil Procedure Code 2074. From partition of inherited property and contested divorces to contract breaches and tort claims, civil law decides who owes whom, how much, and what the court will enforce. Alpine Law Associates handles the full civil docket — Tamasuk drafting, family disputes, property partition, contract litigation, tort recovery, and NRN matters by Power of Attorney.

Our civil-law practice covers: divorce & alimony · property partition (Aansh-Bandda) & inheritance · contract drafting & breach litigation · tort claims (negligence, defamation, nuisance) · landlord-tenant disputes · Tamasuk & Kapali Tamasuk recovery · NRN civil matters by POA · cross-border judgment enforcement · adoption and guardianship.

What is civil law in Nepal?

Civil law in Nepal regulates private rights and obligations between individuals or institutions — distinct from criminal law, which prosecutes offences against the state. It governs how people contract, own property, marry and divorce, inherit, suffer wrongs, and recover compensation. Since Bhadra 1, 2075 it is consolidated into the National Civil Code 2074, which replaced the century-old Muluki Ain 1910 and unified Nepal's substantive private law into a single 720-section statute organised in five parts.

What is the Muluki Civil Code 2074?

The Muluki Civil Code 2074 is Nepal's unified private-law statute, in force since Bhadra 1, 2075. It codifies contract (Part 4), property (Part 3), family law (Part 2), succession and partition (Part 2), tort liability (Sec. 672–684), and agency or trust law into a single coherent code. Reading the law in English: the Nepal Law Commission publishes the official English translation. The substantive code is paired with the National Civil Procedure Code 2074, which sets out how disputes under the Civil Code are litigated.

Civil Code 2074 — five-part structureNational Civil Code 2074 — what each part coversSingle unified private-law statute, in force since Bhadra 1, 2075PartSubjectKey chaptersPart 1PreliminaryCitation, commencement, definitions, repealsSec. 1–30Part 2Persons & familyMarriage, divorce, alimony, child custody, adoption, succession, partitionSec. 31–215 · includes divorce Sec. 93–115, partition Sec. 192–202Part 3PropertyOwnership, possession, easements, mortgage, agency, sale of propertySec. 216–502Part 4Obligations & contractsContract formation, performance, breach, Tamasuk & deedsSec. 503–671 · includes Tamasuk Sec. 503–510Part 5Tort & misc.Negligence, nuisance, defamation, vicarious liability, limitationSec. 672–720ProcedureCivil Procedure Code 2074Separate statute — court hierarchy, pleadings, evidence, judgment, execution
Figure 1 — Civil Code 2074 is organised in five parts. The matching Civil Procedure Code 2074 is a separate but parallel statute.

What is the difference between civil and criminal law in Nepal?

Civil law resolves disputes between private parties — the remedy is compensation, specific performance, declaration, or injunction. Criminal law prosecutes offences against the state — the consequence is fine, imprisonment, or both. The same act can have both consequences (e.g. assault is criminal under Sec. 188 and tortious under Sec. 672), but the two proceedings are independent, run in different courts on different timelines, and require different proof standards: civil "balance of probabilities" versus criminal "beyond reasonable doubt".

What types of civil disputes does Alpine handle?

Alpine handles the full breadth of civil practice: family disputes (divorce, alimony, child custody, partition of family property); property disputes (sale enforcement, partition, inheritance, boundary, landlord-tenant); contract disputes (breach, specific performance, damages, recovery on Tamasuk and Kapali Tamasuk); tort claims (defamation, negligence, nuisance, hurt-with-damages); and NRN civil matters handled by Power of Attorney without client travel. We also handle the deed-drafting side — Tamasuk, POA, Manjurinama, partition deeds, sale deeds, and lease drafting.

Civil court hierarchy in NepalCivil court hierarchy — where your case is filed and appealedSupreme CourtKathmandu · final appeal on law35-day appeal windowHigh Court (7 — one per province)first appellate court · fact & law review35-day appeal (70 for some)District Court (77 — one per district)first-instance for most civil suits
Figure 2 — Three-tier civil court hierarchy. Most civil cases start at the District Court; appeals run upward.

Where do civil cases get filed in Nepal?

Civil cases are filed at the District Court of the defendant's residence or of the property's location, depending on the cause of action. Each of Nepal's 77 districts has a District Court. From the District Court, first appeal lies with the High Court — Nepal has seven, one per province — within 35 days of judgment (70 days for certain categories under the Civil Procedure Code 2074). Final appeal lies with the Supreme Court in Kathmandu, on questions of law or where statutory thresholds are met, within 35 days of the High Court order.

How long does a civil case take in Nepal?

Timeline depends on the matter. A simple uncontested filing — mutual-consent divorce, undisputed partition, joint petition for declaration — can complete in 6–8 months at the District Court. A contested civil case at first instance typically runs 12–24 months: pleadings (60 days), mediation under the Mediation Act 2068, evidence and witness examination, final judgment. Appeals to the High Court add 9–18 months; Supreme Court appeals run a further 1–2 years. NRN matters by Power of Attorney follow the same timeline — the POA route eliminates client travel, not court time.

What is the limitation period for civil suits?

Limitation is claim-type-specific under the Civil Code 2074 Limitation chapter and the Civil Procedure Code 2074. Contract claims usually 2 years from breach; property recovery up to 32 years from dispossession; tort claims 1 year (6 months for hurt claims under Sec. 198); Tamasuk-based recovery 10 years from default; defamation 6 months from publication. Missing the limitation window typically bars the suit permanently — pre-filing diligence on limitation is one of the first things we check at intake.

How are civil judgments enforced in Nepal?

Civil Procedure Code 2074 Part 9 governs execution. The decree-holder files an execution application at the original District Court. The court can order: attachment of movable property; attachment and sale of immovable property; garnishment of bank accounts; transfer of possession; or arrest for wilful disobedience in limited cases. Monetary decrees become enforceable against the judgment debtor's assets — execution typically completes in 3–9 months once assets are identified. For NRN clients, we handle both the underlying suit and the enforcement step.

What does it cost to handle a civil matter in Nepal?

Civil-case costs have two components: court fees and lawyer fees. Court fees are claim-value-tiered under the Court Fee Rules, typically 1–2.5% of the disputed amount with a per-slab cap. Lawyer fees vary by complexity: a straightforward divorce or contract matter runs NPR 25,000–75,000; complex property litigation or commercial disputes NPR 75,000 and up. Alpine quotes a fixed fee at intake — no hourly surprise — and shares government-fee receipts directly. NRN engagements typically include a separate POA-drafting fee.

Can NRNs file civil cases in Nepal from abroad?

Yes. NRNs file through a registered Power of Attorney appointing a Nepali advocate to represent the matter. The advocate manages pleadings, evidence, witness examination, and most court appearances without the NRN's physical presence. Some stages may still require attendance — typically cross-examination in contested matters. We use this regularly for NRN divorces (paired with our NRN services), NRN partition claims, succession matters, and Nepal-side enforcement of foreign judgments.

Civil case timeline — first instance to final appealCivil case timeline — uncontested vs contestedUncontested6–8 monthsDistrict Court onlyContested (DC)12–24 monthspleadings · mediation · evidence · judgment+ High Court appealadd 9–18 months35-day window+ Supreme Courtadd 12–24 monthsfinal
Figure 3 — Indicative timelines. Court schedules and case complexity vary; mediation can shorten contested matters significantly.

What sub-areas of civil law does Alpine cover in depth?

Three sub-practice areas sit under Civil Law: Family Law (marriage, divorce, alimony, child custody, partition, adoption); Property Law (ownership, transfer, partition, landlord-tenant, easements); and Contract Law (formation, performance, breach, deeds). Five service pages anchor the day-to-day work: Civil Litigation, Divorce Services, Legal Document Drafting, NRN Services, and Adoption.

Civil dispute in Nepal? Talk to us.

Free first consultation. NBC-licensed advocates. Fixed-fee quote at intake. NRN matters handled by POA — no travel required.

Free consultation+977 9841114443

Frequently asked questions

The FAQ section below covers the questions clients most often raise in initial consultations — limitation periods, court hierarchy, NRN procedures, costs, partition rights, and appeal mechanics. Each answer cites the relevant Civil Code or Procedure Code section.

Related guides: Muluki Civil and Criminal Code 2074 · Civil and Criminal Procedure Codes 2074 · Divorce Process in Nepal · Partition of Property · Tort Law in Nepal · Family Law pillar · Hierarchy of Courts.

Frequently Asked Questions

Civil law in Nepal governs private disputes between individuals or institutions — family, property, contract, tort — under the National Civil Code 2074 (Muluki Civil Code), enforced through district, high and supreme courts via the Civil Procedure Code 2074.

Civil law resolves disputes between private parties with compensation or declaration as the remedy; criminal law prosecutes offences against the state, with imprisonment or fine. Civil cases follow the Civil Procedure Code 2074; criminal cases follow the Criminal Procedure Code 2074.

Most civil cases are filed at the District Court of the defendant's residence or the property's location, with claim-value threshold determining first-instance jurisdiction. Appeals go to the High Court (Provincial), and final appeal lies with the Supreme Court.

The National Civil Code 2074 (commonly Muluki Civil Code) is Nepal's unified private-law statute, in force since Bhadra 1, 2075. It replaces the older Muluki Ain and codifies contract, property, family, succession, agency, and tort law into a single code organised in five parts and 720+ sections.

The National Civil Procedure Code 2074 governs how civil cases are filed, heard and appealed in Nepali courts. It sets out the court hierarchy, pleadings, summons, evidence, judgment, execution, and limitation. It works alongside the substantive Civil Code 2074 — the procedure code is the road map; the civil code is the law itself.

Family disputes (divorce, alimony, child custody, partition), property disputes (sale, inheritance, boundary, landlord-tenant), contract disputes (breach, specific performance, damages), and tort claims (defamation, negligence, personal injury). We also handle Civil Code 2074 deed drafting — Tamasuk, Power of Attorney, Manjurinama, partition deeds.

A simple, uncontested matter (mutual-consent divorce, undisputed partition) can complete in 6–8 months at the District Court. A contested case typically runs 12–24 months at first instance. Appeals to the High Court add 9–18 months. Supreme Court appeals — usually 1–2 years more.

Limitation depends on the cause of action: contract claims usually 2 years from breach, property recovery 32 years from dispossession, tort 6 months for hurt cases, deed-based claims 10 years. The Civil Code 2074 Limitation chapter lists periods by claim type — missing the window typically bars the suit permanently.

Representation is not mandatory but is strongly recommended. Civil pleadings must comply with the Civil Procedure Code 2074, evidence must be presented under set rules, and missed procedural steps can lose a winnable case. An advocate manages filings, court appearances, evidence, witness examination, and any settlement negotiation.

Court fees are claim-value-tiered under the Court Fee Rules — typically 1–2.5% of the disputed amount, capped per the slab. Lawyer fees vary by case complexity: a straightforward divorce or contract matter NPR 25,000–75,000; complex property or commercial litigation NPR 75,000+. Alpine quotes a fixed fee at intake.

Yes. NRNs file through a registered Power of Attorney — a Nepali advocate represents the matter without the NRN's physical presence at most hearings. We use this regularly for NRN divorces, NRN property partition, NRN succession claims, and Nepal-side enforcement of foreign judgments. Some appearances (e.g. cross-examination) may still require attendance.

Civil Procedure Code 2074 Part 9 governs execution. The decree-holder applies to the original court; the court can order attachment of movable or immovable property, garnishment of bank accounts, or possession transfer. For monetary decrees, the judgment debtor's assets become enforceable. Execution typically takes 3–9 months.

Partition (Aansh-Bandda) is the division of joint family property under Civil Code 2074 Sec. 192–202. Each co-parcener — including daughters since the 2017 Constitution — is entitled to an equal share. Filed at the District Court of the property's location; the court partitions either by metes-and-bounds or by ordering sale and equal division of proceeds.

The Muluki Ain 1910 was Nepal's first comprehensive code, in force for over a century. The Civil Code 2074 modernises and consolidates: equal partition rights for daughters, secular family law applicable to all communities, codified tort liability, modern contract doctrine, and updated agency and trust law. It became fully effective Bhadra 1, 2075.

Yes. The Civil Procedure Code 2074 grants first-tier appeal to the High Court within 35 days of judgment (some categories 70 days). The High Court can affirm, modify, or reverse. Further appeal to the Supreme Court is permitted on questions of law or where statutory thresholds are met, within 35 days of the High Court order.

Tort law is codified in Civil Code 2074 Sec. 672–684. It recognises five named torts — negligence, nuisance, defamation, conversion, and false imprisonment — with vicarious-liability principles and a 6-month limitation for hurt cases. Remedies include damages, injunction, and declaratory orders. Tort proceedings run in parallel to criminal where the same act is both.
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