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Married daughter entitled to inherit parental property: SC

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Married daughter entitled to inherit parental property: SC
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Kathmandu, June 11

The Supreme Court has set a brand new precedent permitting a married daughter to inherit mom’s property.

A 3-member full bench of the Supreme Court has upheld its division bench’s verdict {that a} married daughter was the closest relative of the deceased mom in granting inheritance proper in comparison with a step son.

This was said in a full textual content of the apex court docket’s verdict handed on 19 December 2019.

The verdict was delivered by a full bench of justices Sapana Pradhan Malla, Prakash Kumar Dhungana and Hari Prasad Phuyal in response to a case filed by Narayan Prasad Tharu, a resident of Rupauliya VDC-4, Nawalparasi, towards Harendra Kumar Chaudhary, a resident of the identical VDC.

Harendra Kumar Chaudhary had claimed that her mom, Indra Kumari Devi Chaudhary was the one youngster of his grandmother, Saguni Tharu and she or he was the claimant for the property of his grandmother, Saguni Tharu, owned collectively together with her step son, Narayan Prasad Tharu. Saguni died on 28 December 2006.

Saguni owned 12 land plots collectively together with her step son Narayan Prasad Tharu. The court docket dominated that partition of the property and inheritance had been two totally different points.

While property could possibly be equally divided between coparceners, inheritance proper may even go to someone who will not be a coparcener however who had taken care of the proprietor previous to his/her demise.

The SC stated solely blood relation can function the bottom for figuring out subsequent of kin and as Indra Kumari Devi Chaudhary was born to Saguni’s, she was her mom’s closest relative somewhat than Saguni’s step son Narayan Prasad Tharu.

The court docket dominated that marital standing of Indra Kumari Devi Chaudhary can’t disqualify her from inheriting her mom’s share of property.

The court docket noticed that 11th modification of the General Code had accepted married daughter as a beneficiary for the aim of inheritance.

The court docket noticed that the structure and legal guidelines prohibited discrimination on grounds of marriage.

Narayan Prasad Tharu had argued that he had transferred Saguni’s share of property in his identify after her demise as he was the only beneficiary of his step mom’s property. He had argued that Indra Kumari Devi Chaudhary didn’t qualify for inheriting her mom’s property as she was a married daughter of the deceased.

Narayan Prasad Tharu had additionally argued that Indra Kumari Devi Chaudhary didn’t qualify for inheritance as she was not among the many certified relations talked about in inheritance chapter of General Code for the aim of inheritance.

He had additionally argued that Indra Kumari Devi Chaudhary didn’t accomplish any authorized responsibility after her mom’s demise.


A model of this text seems in e-paper on June 12, 2020, of The Himalayan Times.


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