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MULUKI AIN REGARDING WOMEN'S SHARE OF PROPERTY, CHAPTER 14

Unofficial Copy, Translated verson upto 9th amandment of Muluki Ain Kathmandu School of Law

Chapter 14 Regarding Women's Share of Property

No. 1 : An unmarried woman, on having a husband or a widow can use the movable or immovable property they have earned as they like.

No. 2 : An unmarried woman, one having a husband or a widow who have been separated can use all the movable property of their share and up to half of the immovable property of their share without anybody's consent. An unmarried woman can with the consent of her fa ther, if he is alive, and one having a husband or a widow with the consent of their grown up sons if they exist, can use even the immovable property as they like.

No. 3 : No debt taken by such woman can be paid back from the immovable property that she cannot use as she likes in accord with No. 2 of this chapter.

No. 4 : The movable and immovable property a woman receives from her parents' family and from her mother's parents" family and the property that she has increased from it proves to be her dowry. The movable and immovable property given to her with a document of consent of all the heirs by her husband or the heir on the side of her husband, and the movable and immovable property given to her by other relatives or friends on the side of her husband and the property she has increased from it proves to be her dowry.

No. 5 : Women can use their dowry or exclusive property as they like. After she dies, this properties is treated in accord with her written will if she has made nay. If such a document does not exist, her property goes to the son living with her if there is any, if such a son does not exist, it goes to the son living separately if there is any, if such a son does not exist, it goes to the husband, if the husband does not exist, it goes to an unmarried daughter if there is any, if an unmarried daughter does not exist, it goes to a married daughter, if a married daughter does not exist, it goes to a son's son if there exists any, if a son's does not exist, it goes to a daughter's son and if he also does not exist it goes to the one who has the right to it.

No. 6 : In accord with the chapter related to husband and wife, if the husband and wife get a divorce or if a widow pollutes the name of her husband, the wife will no more have her right in the share of property she has received from her husband and the property increased from it. Then the property goes to the one who has the right to it.

No. 7 :If a woman has previously given someone as religious or ordinary gift or sold the property other than dowry or exclusive property that she is entitled to, and if she gets degenerated by having sexual intercourse with the same person whom she has given it as gift or sold it, the transaction will not be lawful. Anyone having the right can get it back.

No. 8 : Regarding the mater mentioned in No. 7 of this chapter, no lawsuit will be valid unless it is registered within two years from the date on which the act of sexual intercourse becomes public and regarding other matters, within two years from the date on which the act occurs.


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