Nata Kayam Certification Process in Nepal Explained

Nata Kayam is the legal process of verifying and establishing family relationships in Nepal, often required for inheritance, property division, citizenship applications, pension claims, and other legal matters. This certification is crucial when there are disputes, a lack of official records, or when administrative bodies require additional verification.

In Nepal, Nata Kayam can be obtained through two primary authorities: Ward Office and District Court.

1. Ward Office Issuance:

• In most cases, the Ward Office under the Municipality or Rural Municipality is responsible for issuing Nata Pramanit Pramanpatra (Relationship Certificate).
• The process involves submitting documents like citizenship certificates, birth certificates, and witness testimonies for verification.
• If the relationship is clear and well-documented, the Ward Office issues the certificate without requiring court intervention.

2. Court Issuance:

• If the Ward Office is unable to verify the relationship due to disputed claims, missing records, or legal complexities, applicants must seek a court order from the District Court.
• The court examines evidence, conducts hearings, and issues an official decision confirming the relationship.

Both processes ensure that family relationships are legally recognized, protecting individuals' rights in legal and administrative matters.

Muluki Civil Code 2074, Part 3, Chapter 4 has stated about the relationship between son, daughter, husband, and wife.

• Section 105: Maternity or paternity to be determined from mother or father: A child's legal father is presumed to be the mother's husband at the time of birth, unless proven otherwise.
• Section 106: A child is legally presumed to be born from the husband if:
  • Born at least 180 days after marriage.
  • Born within 272 days after the husband's death or divorce, unless proven otherwise.
• Section 107: A husband (or his successor if he is deceased) may deny paternity of a child born within 180 days of marriage unless he married the woman knowing she was already pregnant.
• Section 108: Son, daughter, or paternity to be claimed: A claim for paternity or maternity of an unidentified child must be made within two years of the child's birth or identification. No claim is allowed if the child has died.
• Section 109: A child conceived through artificial insemination with the husband and wife's consent is legally considered the husband's child.
• Section 111: A person's name is given by their parents based on religion, culture, or tradition. If parents are unavailable, the guardian assigns the name. The surname is decided with parental consent; otherwise, the father's surname is used. If paternity is unknown, the mother's surname is used. A person may choose to use either or both parents' surnames. In case of a dispute, the father's surname is presumed unless proven otherwise. If both parents are unknown, the guardian assigns the surname.
• Section 112: If a person's mother, father, and grandparents' names are required in legal documents, they can mention those names. If the father is unknown, the person can mention the mother's name and her parents' names. If the mother is also unknown, the guardian's name can be used for a minor, or the person's name if they are an adult.
• Section 113: A birth registration application must be submitted by the mother or father within three months of the child's birth to the designated authority. If filed later, a fee will be charged. The authority will then enter the details into the birth register and issue a birth certificate. The registration includes the child's name, surname, date and place of birth, as well as the names and addresses of the mother, father, and grandparents.

Process of determining relationships in the ward

1. Application Submission

• The applicant must visit the concerned Ward Office under their respective Municipality (Nagarpalika) or Rural Municipality (Gaunpalika).
• A written application must be submitted, mentioning the reason for obtaining the certificate and specifying the names and relationships of the concerned individuals.

2. Required Documents

The applicant must submit the following documents:

• Citizenship Certificate of the applicant and the concerned family members.
• Birth Certificate (If required).
• Death Certificate (If verifying the relationship with a deceased person).
• Land Ownership Document (If related to property transfer).
• Passport-sized Photos of the applicant.

3. Verification by Ward Office

• The ward office officials verify the authenticity of the documents and check government records.
• In some cases, neighbors or local representatives may be consulted for confirmation.

4. Recommendation and Approval

If all documents are valid, the Ward Office issues a recommendation letter.

5. Issuance of Relationship Certificate

• Upon approval, the Municipality/Rural Municipality Office issues the Relationship Certificate.
• The certificate is signed and stamped by the authorized officer.
• The applicant can collect the certificate within a few days.

6. Fees and Processing Time

Fees depend on the respective municipality or rural municipality.

Time for completion is 1-2 days, depending on verification requirements.

Process for Issuance of Relationship Certificate by Court in Nepal

1. Filing a Petition at the District Court

• The applicant must submit a written petition to the concerned District Court explaining the reason for needing the relationship certificate.
• The petition should clearly mention the relationship to be verified (e.g., parent-child, spouse, siblings).

2. Submission of Required Documents

The applicant must provide:

• Citizenship certificates of the involved parties.
• Birth certificates (if applicable).
• Marriage certificate (if applying for a spousal relationship).
• Death certificate (if verifying a relationship with a deceased person).
• Land ownership or property documents (if the certificate is for inheritance purposes).
• Recommendation from the local ward office (if available).
• Any other supporting evidence that proves the relationship.

3. Court Review and Verification

• The court will examine the documents and verify the authenticity of the relationship.
• In some cases, the court may call witnesses or require additional supporting documents.
• A hearing may be scheduled where the applicant and other concerned individuals must testify.

4. Issuance of Court Order

• If the court is satisfied with the evidence, it will issue a court order (Adesh Patra) confirming the relationship.
• This order serves as legal proof of the relationship.

5. Collection of Relationship Certificate

• Based on the court's decision, the applicant can obtain the Relationship Certificate from the Court Registrar.
• The document will be stamped and signed by the authorized court official.

6. Processing Time and Fees

• The process may take several weeks, depending on the complexity of the case.
• Court fees vary based on the nature of the application and legal proceedings.

Conclusion

In conclusion, the Nata Kayam process in Nepal is essential for confirming family relationships, particularly for legal matters such as inheritance, property disputes, and citizenship applications. It can be obtained through two primary methods: the Ward Office and the District Court. The Ward Office provides a more accessible and quicker process, requiring documentation like citizenship and birth certificates, with a relatively short verification period. However, in cases where the relationship is disputed or records are missing, the District Court steps in to review evidence, conduct hearings, and issue a formal order confirming the relationship. Both methods ensure that family connections are legally recognized, safeguarding the rights of individuals in various administrative and legal contexts. This system, as outlined by the Muluki Civil Code, ensures clarity and fairness in determining paternity, maternity, and other familial ties while also considering exceptional circumstances such as artificial insemination and missing parents.