Succession Laws in Nepal: Inheritance, Rights, and Procedures

The succession laws in Nepal are about the ways property, rights, and liabilities of a deceased person are transferred to his heirs. Rooted in traditional customs and codified in the Muluki Civil Code 2074 chapter 11, these laws ensure equitable inheritance while addressing evolving social dynamics. Nepal recognizes both testate succession through a will and intestate succession in the absence of a will. The laws are tilted toward equality, as sons and daughters have equal inheritance rights reflection of progressive reforms. In addition, they provide the rights of spouses, parents, and other relatives. Succession laws in Nepal seek to balance cultural tradition with legal equity and family harmony. Muluki Civil code section 23, defines "Succession" as the devolution of liabilities and rights regarding debt, wealth, and property of the deceased upon his or her heirs in accordance with the law. Where succession to a person's property is opened, his or her nearest heir shall be entitled to such succession.

Order of preference of heirs for succession:

• Husband or wife living in the undivided family,
• Son, daughter, widow daughter-in-law living in the undivided family,
• Father, mother, stepmother, grand-son, granddaughter, grand-daughter-in-law, on the side of son or daughter, living in the undivided family,
• Separated husband, wife, son, daughter, father, mother, step-mother,
• Separated grand-son, and grand-daughter from the son's generation,
• Separated grand-father, grand-mother,
• Grand-father, grand-mother, elder brother, younger brother, elder sister, younger sister, widow elder brother’s wife or younger brother’s wife living in the undivided family,
• Uncle, aunt, nephew, niece, living in the joint family,
• Separated elder brother, younger brother, elder sister, younger sister, widow elder brother's wife, or younger brother's wife.

As long as the person in the first order of preference at the time of succession to one's property is serving the person in question, The subsequent order of preference will not be entitled to succession. Furthermore, if there are multiple heirs in the same order of preference, they will all be equally entitled to succession. If any heir in the order of preference entitled to succession does not intend to succeed, the remaining heirs in the same order will be entitled to succession. If any heir in that order of preference does not wish to accept succession, the heir in the following order of preference will be entitled to it.

Entitlement to succession by distant heir

If a person dies while staying with a distant heir after taking their property share, even if there is a nearer heir and succession is open, the heir with whom the person was staying is entitled to the property succession.

Furthermore, section 241 of the same code states that if a close heir fails to care for a person but a distant heir does, the distant heir who has done so is entitled to succession.

Not to be obliged to accept succession:

No person shall be obliged to accept a succession. A person who declines to accept a succession shall give information thereof in writing to the concerned District Court within a period of three years of the devolution of succession.

If a person does not accept a succession within a certain time frame, it is assumed that the other heir in the order of preference will receive it.

If a person does not accept a succession, they must conduct the deceased's obsequies according to the rites and rituals.

Disqualified for succession

If someone kills or causes the death of another person with the intention of obtaining succession, they and their heirs will be disqualified from inheriting the deceased's estate.

Obligations and rights of the person upon whom succession is devolved

The obligations and rights of the person upon whom succession is devolved shall be as follows:

• To perform, or cause to be performed, funeral and obsequies rites of the deceased according to his or her rites and rituals,
• To repay the debt borrowed by the deceased to the creditor,
• To have right over the debt lent and investment made by the deceased.

A creditor may recover debt: Creditors may recover their debts and liabilities from the person upon whom succession has devolved.

Local Level to receive property under succession:

• If there is no heir or the heir declines to accept succession, the deceased person's property will be devolved to the local level after deducting funeral and obsequies costs and debts owed to creditors.
• If a person dies without an heir but owns the property, the person performing the obsequies or maintaining the books and accounts must notify the Local Level immediately.
• If a notice is received, the Local Level must prepare an inventory of the deceased's property in the presence of two witnesses. The inventory, along with a copy of the executed memorandum (Muchulka), should be sent to the relevant district-level administrative office.
• If a memorandum and inventory of properties are received and the deceased's address is found, the office must send a notice to the heir within three months to receive the property.
• If the deceased's heir does not accept the property, does not appear within the time limit, or cannot be traced, the office must publish a notice in a national newspaper inviting the deceased's heir to claim the property within 35 days.
• If the deceased's heir appears within the time limit specified, the property remaining after deducting expenses for performing obsequies or providing such expenses to the person performing such obsequies, as well as 10% of the property, will be returned to the heir.
• If no heir appears within the time limit or their address cannot be traced, the property remaining after deducting expenses for the deceased's obsequies will be devolved to the concerned Local Level. The amount will be provided to the person who performed the obsequies.
• The heir or office must hand over any property received at the Local Level in accordance with the law.
• The Local Level will use the property received under this Section for public purposes.

The inheritance laws of Nepal, accordingly codified within the Muluki Civil Code 2074, are directed toward an orderly and equitable manner of passing the property, rights, and responsibilities of a dead person. This balances the conventional customs with those of modern jurisprudence that ensure equality between sons and daughters among the heirs. There is a certain order of preference defined in the system for succession, with possibilities of voluntary acceptance or refusal. It also allows for inheritance by far-off heirs or local authorities under specific conditions. In doing so, Nepal's inheritance laws promote family harmony and societal trust that is conducive to sustainable property management and dispute resolution.