Ancestral Property Partition in Nepal: Your Ansabanda Rights (2025)

The Ansabanda Dilemma

In Nepal, family wealth is often tied up in ancestral land (Purkhéli Sampatti). For generations, families lived together on joint property. But times have changed—children move to cities, marry, and want their share.

This is where Ansabanda (Property Partition) comes in.

Governed by the Muluki Civil (Dewani) Code 2074, Part 4, Ansabanda is the legal process of dividing joint family property among eligible heirs.

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Who Has the Right to Claim Ansabanda?

Under current Nepali law, the following family members have equal rights to ancestral property:

1. Sons

• All sons, regardless of birth order, have equal shares.
• Married or unmarried—doesn’t matter.

2. Daughters

• Unmarried daughters have equal rights as sons.
• Married daughters:
  • If married after the 2072 Constitution (2015): Full equal rights.
  • If married before 2072: Generally cannot claim retroactive partition (based on Supreme Court precedents), unless the property was undivided at the time of the new law.
• Post-2074 marriages: Daughters retain full rights regardless of marital status.

3. Wife

• A wife is an equal coparcener (co-owner) from the date of marriage.
• This includes the current wife. Second wives (if legally recognized) also have claims.

4. Widowed Daughter-in-Law

• If a son dies, his widow (your bahini buhari) inherits his share.

5. Grandchildren

• If a parent (son/daughter) has died, their children (grandchildren) inherit their parent’s share.

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Who Does NOT Have Rights?

• Illegitimate children: Only if paternity is proven and acknowledged.
• Stepchildren: No claim on biological parent’s property unless adopted.
• Nieces/Nephews: No claim on uncle/aunt’s ancestral property.

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How is the Share Calculated?

The per capita rule applies: Divide equally among all eligible coparceners.

Example:

Ramesh owns ancestral land. He has:

• Wife (1)
• Son A (1)
• Son B (1)
• Unmarried Daughter (1)
• Married Daughter (1 - if married after 2074)

Total Eligible = 5 Persons

Each person gets 1/5th (20%) of the total property.

If Ramesh Already Died?

• Ramesh’s share goes to his widow and children equally.
• His brothers cannot claim Ramesh’s share—only their own father’s.

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The Two Ways to Do Ansabanda

1. Mutual Agreement (Apasi Sahámati)

This is the fastest and cheapest method.

Process:

1. All coparceners sit together and agree on the division.
2. A Partition Deed (Ansabanda Likhit) is drafted.
3. The deed is signed by all parties and witnesses.
4. It is registered at the Local Ward Office or through a notary.
5. Apply at Malpot (Land Revenue Office) to split the land titles.

Cost: Minimal (registration fees + surveyor).

Time: 1-3 months.

2. Court Partition (Adalat Ansabanda)

When family members don’t agree, you have no choice but to go to court.

Process:

1. File an Ansabanda Case at the District Court.
2. Court issues summons to all coparceners.
3. Both sides present their claims and evidence.
4. The court may order a field survey by a government surveyor.
5. Judge issues a decree defining each person’s share.
6. Take the court order to Malpot for title separation.

Cost: Lawyer fees + Court fees + Surveyor fees. Can be expensive.

Time: 1-3 years (depending on court workload and appeals).

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Common Disputes in Ansabanda Cases

”My brother says he built the house, so he gets more.”

Law: Improvements made by one coparcener on joint property do not give them extra share. However, they may claim reimbursement for construction costs (with receipts).

”My sister is married, she has no claim.”

Law: This was true before 2074. Under the new Civil Code, married daughters have equal rights. Many old cases are being reopened.

”Father gave everything to my elder brother verbally.”

Law: Verbal gifts of immovable property are not legally valid. Only registered Gift Deeds (Daan Patra) transfer ownership.

”My stepmother is claiming half.”

Law: A legally married wife (including second wife if the first has died or divorced) has equal rights from the date of marriage.

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What Property is Covered?

Included in Ansabanda	NOT Included
Inherited land (Purkhéli)	Self-acquired property (Aafno Kamai)
Family home built on joint land	Gifts received individually
Agricultural land from ancestors	Dowry/Jewelry (wife’s Stridhan)
Business started with joint funds	Property bought after separation

Key Point: You cannot claim Ansabanda on property your father bought himself with his own earnings. Self-acquired property is different from ancestral property.

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Daughters’ Rights: The 2074 Revolution

The Muluki Civil Code 2074 was a landmark. It gave daughters equal rights to ancestral property.

Before 2074:

• Unmarried daughters: Full rights (but lost on marriage).
• Married daughters (35+ years, unmarried): Limited rights.

After 2074:

• All daughters: Equal rights, regardless of marital status.
• Retroactive Claims: Married daughters can now file for shares if partition wasn’t done before their marriage.

This has led to a surge in Ansabanda cases from married daughters reclaiming their inheritance.

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Pro Tips

1. Get a Survey Done First: Before filing in court, hire a licensed surveyor to map the land. It speeds up the case.
2. Gather Old Documents: Lalpurjas, father’s citizenship, family tree (Bansawali) from the Ward.
3. Attempt Mediation: Courts often send Ansabanda cases to mediation first. Be open to compromise.
4. Don’t Sell Without Consent: If you sell joint property without other coparceners’ consent, the sale can be voided.

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Conclusion

Ansabanda is an emotional and legal maze. Families fight for years over a few ropani of land. But with the right legal guidance, you can protect your rightful share—and maybe even preserve family relationships.

Whether you want a peaceful agreement or need to fight in court, understanding your rights is the first step.

Disclaimer: Property laws are complex and fact-specific. Consult our property law team for a detailed case evaluation.