Nepal | September 27, 2020

Married daughter entitled to inherit parental property: SC

Ram Kumar Kamat
Share Now:

Kathmandu, June 11

The Supreme Court has set a new precedent allowing a married daughter to inherit mother’s property.

A three-member full bench of the Supreme Court has upheld its division bench’s verdict that a married daughter was the nearest relative of the deceased mother in granting inheritance right compared to a step son.

This was stated in a full text of the apex court’s verdict passed 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, against Harendra Kumar Chaudhary, a resident of the same VDC.

Harendra Kumar Chaudhary had claimed that her mother, Indra Kumari Devi Chaudhary was the only child of his grandmother, Saguni Tharu and she was the claimant for the property of his grandmother, Saguni Tharu, owned jointly with her step son, Narayan Prasad Tharu. Saguni died on 28 December 2006.

Saguni owned 12 land plots jointly with her step son Narayan Prasad Tharu. The court ruled that partition of the property and inheritance were two different issues.

While property could be equally divided between coparceners, inheritance right could even go to somebody who is not a coparcener but who had taken care of the owner prior to his/her death.

The SC said only blood relation can serve as the ground for determining next of kin and as Indra Kumari Devi Chaudhary was born to Saguni’s, she was her mother’s closest relative rather than Saguni’s step son Narayan Prasad Tharu.

The court ruled that marital status of Indra Kumari Devi Chaudhary cannot disqualify her from inheriting her mother’s share of property.

The court observed that 11th amendment of the General Code had accepted married daughter as a beneficiary for the purpose of inheritance.

The court observed that the constitution and laws prohibited discrimination on grounds of marriage.

Narayan Prasad Tharu had argued that he had transferred Saguni’s share of property in his name after her death as he was the sole beneficiary of his step mother’s property. He had argued that Indra Kumari Devi Chaudhary did not qualify for inheriting her mother’s property as she was a married daughter of the deceased.

Narayan Prasad Tharu had also argued that Indra Kumari Devi Chaudhary did not qualify for inheritance as she was not among the qualified relatives mentioned in inheritance chapter of General Code for the purpose of inheritance.

He had also argued that Indra Kumari Devi Chaudhary did not accomplish any legal duty after her mother’s death.


A version of this article appears in e-paper on June 12, 2020, of The Himalayan Times.


Follow The Himalayan Times on Twitter and Facebook

Recommended Stories:

More from The Himalayan Times:

Dhangadhi Sub-metropolis continues providing free food to returnees from India

DHANGADHI: Dhangadhi Sub-metropolitan City has been providing food and hygiene kits free of cost to Nepalis returning home from India via Trinagar border checkpoint since March. The Sub-metropolis has been providing food for Nepalis who are tired after a long journey from India since the time Read More...

Bajura's Himali Rural Municipality opens rafting in Karnali River

BAJURA: Himali Rural Municipality of hilly Bajura district has started the operation of rafting in Karnali River targeting domestic and international tourists. According to ward chair Gobindra Bahadur Malla, the Rural Municipality has started operating rafting from Dhulachaur to Piluchaur for Read More...

Students demand justice for Bajhang rape victim in Kathmandu

KATHMANDU, SEPTEMBER 26 Students take to the streets on Saturday demanding justice for a 12-year-old girl whose dead body was found in a temple in Bajhang district on Thursday night. The minor was raped before being killed by the culprit/s. As per local police, investigation into the case in unde Read More...

Passengers adopt 'new normal' at Kathmandu airport amid coronavirus scare

KATHMANDU, SEPTEMBER 26 Passengers traveling to and from the capital are seen with personal protective gears at the domestic terminal of the Tribhuvan International Airport in Kathmandu. Photos by Skanda Gautam for The Himalayan Times. Read More...

United earn dramatic win at Brighton with late Fernandes penalty

BRIGHTON: Manchester United beat Brighton & Hove Albion 3-2 away in the Premier League on Saturday after an incredible finale in which Bruno Fernandes struck the winning goal from the penalty spot in the 100th minute of the game. Fernandes's winner, which came after referee Chris Ka Read More...

Chelsea recover from three goals down to draw at West Brom

Chelsea striker Tammy Abraham struck a 93rd-minute equaliser as they battled back from three goals down to draw 3-3 at West Bromwich Albion in their Premier League clash on Saturday. An error by Marcos Alonso led to Callum Robinson opening the scoring for West Brom in the fourth minute and t Read More...

A team of women of Police march past in a programme organised to mark the Constitution day at Nepal Army pavilion in Tundikhel, Kathmandu, on Wednesday, September 19, 2018. Photo: Skanda Gautam/THT

Province 2 threatens to knock Supreme Court door

KATHMANDU, SEPTEMBER 26 Months after the two bills related to adjustment of Nepal Police and Provincial Police were authenticated, provincial governments have not been able to take control of police. As a result, Province 2 government has sent an angry letter to the federal home ministry asking i Read More...

Local levels to resume schools from today in Siraha district

SIRAHA, SEPTEMBER 26 Community schools in Laxmipur Patari Rural Municipality and Mirchaiya Municipality of Siraha, that have remained closed for the past six months are likely to open from tomorrow. Education sections of both the local bodies, by issuing separate notices, decided to open s Read More...