Inheritance and Succession Law in Nepal

Yes. Under the Constitution (Article 18) and the Muluki Civil Code, sons and daughters have equal inheritance rights to both ancestral and self-acquired property. This applies regardless of marital status — married daughters retain inheritance rights.

If a person dies intestate (without a will), property is distributed to legal heirs in order of priority: (1) children (equal shares), (2) surviving spouse, (3) parents, (4) siblings, (5) extended family. If no legal heirs exist, the property escheats to the Government of Nepal.

Yes. A surviving spouse inherits the deceased spouse's share of joint/ancestral property. If the deceased had self-acquired property and no will, the surviving spouse is among the primary heirs. A divorced spouse has no inheritance claim on the ex-spouse's property.

A bakaspatra is a written will/testament. Requirements: must be in writing, signed by the testator (or thumb impression), witnessed by at least 2 witnesses, and preferably registered at the DAO or municipality. Oral wills are not legally valid. The testator must be of sound mind.

No — not completely. Nepal law guarantees a minimum share for children. A parent can dispose of self-acquired property through a will (bakaspatra) but cannot completely exclude children from inheritance. Ancestral property must be divided equally among all coparceners regardless of the will.

Ancestral property is joint family property inherited from ancestors — divided equally among coparceners (all children + surviving spouse). Self-acquired property is earned or purchased by an individual during their lifetime — the owner can dispose of it freely through a will.

Yes. Children retain full inheritance rights from both parents regardless of divorce or custody arrangements. Divorce does not affect the parent-child inheritance relationship.

Yes. NRNs retain full inheritance rights in Nepal. They can manage inherited property through a Power of Attorney if they cannot be present in Nepal for partition proceedings.

Inheritance disputes are filed at the District Court as property partition cases. The court examines the will (if any), identifies legal heirs, determines property shares, and issues a partition order. Appeals go to the High Court and Supreme Court.

Daughters have equal inheritance rights to sons under the Constitution and Civil Code. This includes both ancestral and self-acquired property. Married daughters retain inheritance rights — marriage does not forfeit a daughter's share.

No. A person convicted of murdering the deceased is disqualified from inheriting their property. This is a well-established legal principle that prevents someone from profiting from their own criminal act.

No. Legally adopted children have the same inheritance rights as biological children. Once adoption is legally completed, the adopted child is treated identically to a biological child for all inheritance and succession purposes.

During divorce, property acquired during marriage is divided under partition rules. Inherited property received by one spouse before or during marriage may be treated differently — it remains that spouse's separate property unless commingled with marital assets.

The Government of Nepal inherits property (escheat) only when no legal heirs exist — no children, spouse, parents, siblings, or extended family members. The property is transferred to the state after a court determination that no heirs can be found.