Property Partition in Nepal 2026: Anshabanda Law, Deed & Process

Few things divide a Nepali family faster than land — and few things settle it more cleanly than a properly executed partition deed. Most disputes drag on for years not because the law is unclear, but because the paperwork was done loosely.

Property partition in Nepal — Anshabanda — is the legal division of joint family property among coparceners under the Muluki Civil Code 2074. Done by agreement, it is a deed drafted, notarised, and registered. Done in conflict, it becomes a court case.

This guide explains property partition in Nepal in 2026 — the governing law, who is entitled to a share, the difference between mutual and court partition, and exactly how a partition deed is prepared and registered at the Land Revenue Office.

What Is Property Partition (Anshabanda) in Nepal?

Partition is the formal division of jointly owned family property into separate, individually owned shares. In Nepali it is Anshabanda — ansha (share) and banda (division). Until partition, family property is held jointly; after it, each coparcener holds their own portion in their own name.

Partition can cover land, houses, and other family assets. The two routes could not be more different in cost and time: a mutual partition, where the family agrees, is settled by a deed in days; a contested partition goes to court and can take a year or more.

Key takeaway: Anshabanda converts jointly held family property into individual ownership — quick and inexpensive when the family agrees, slow and costly when it goes to court.

Legal Basis: The Muluki Civil Code 2074

Partition is governed by the Muluki Civil Code 2074, in the provisions running across Sections 205 to 236. These sections define who is entitled to a share, the right to demand partition, and how a partition takes legal effect.

Two principles stand out. First, partition can be claimed — a coparcener is not trapped in joint ownership forever and may seek their share. Second, a partition only becomes legally enforceable once it is properly documented and registered; a verbal "we've divided it" carries little weight when a dispute or a sale arises later.

Key takeaway: Sections 205–236 of the Muluki Civil Code 2074 govern partition — and a division is only enforceable once it is documented and registered, not when it is merely agreed in words.

Who Are Coparceners Entitled to a Share?

This is where many families get it wrong. Under the Civil Code 2074, the coparceners entitled to an equal share of family property are the husband, wife, father, mother, son, and daughter.

The most important modern point: sons and daughters have equal rights. Daughters are coparceners on the same footing, and leaving a daughter out of a partition is both unfair and legally vulnerable. Each coparcener takes an equal share of the partible property.

Key takeaway: Husband, wife, father, mother, son, and daughter are all coparceners with equal shares — a partition that excludes a daughter is open to challenge.

Mutual Partition vs Court Partition

How you partition decides how long and how painful it will be.

The lesson is plain: if the family can agree, a mutual partition deed is by far the better path. It is faster, cheaper, and keeps the decision in the family's hands rather than a judge's. A contested partition is litigation — handled through the District Court, not the notary's office.

Key takeaway: A mutual partition deed settles in about a week; a contested partition is a 12–14 month court case — agree if you possibly can.

How to Make a Partition Deed: Step-by-Step

A mutual partition follows a clear sequence. Getting each step right is what makes the division stick.

Step 1: Agree the Shares

The coparceners agree how the property is divided. Because every coparcener has an equal right, the division should reflect that — or document any departure clearly and with consent.

Step 2: Draft the Partition Deed

The partition deed (likhat) is drafted, setting out the property, the coparceners, and each person's share. Precise description of the land — plot numbers and area — is essential. Our legal document drafting service prepares partition deeds to the wording the Malpot accepts.

Step 3: Sign With Witnesses and Thumb Impressions

All coparceners sign the deed with their signatures and thumb impressions, before witnesses who add their own details. A partition deed missing a coparcener's signature is not valid.

Step 4: Notarise the Deed

The deed is notarised, confirming the identities and execution. Where a coparcener is abroad and cannot attend, they can act through a power of attorney executed for the purpose.

Step 5: Register at the Land Revenue Office and Mutate

The deed is registered at the Land Revenue Office (Malpot) — this is mandatory for the partition to be legally enforceable. The property is then mutated (dakhil kharej) into each coparcener's individual name.

Need a partition deed drafted and notarised? Send your details to our notary in Kathmandu →

Key takeaway: Agree the shares, draft a precise deed, sign with thumb impressions before witnesses, notarise it, then register at the Malpot and mutate into individual names — registration is what makes it enforceable.

Documents Required for a Partition Deed

The exact set depends on the property, but the core documents are consistent:

• Citizenship certificates of all coparceners
• Land ownership certificate (Lal Purja) and the latest land-tax receipt
• Recent photographs of the coparceners
• The drafted partition deed stating each share
• A power of attorney for any coparcener who cannot attend in person

Certified copies are useful here — banks and offices may need them while originals are in use. We can issue certified true copies of citizenship and the Lal Purja alongside the deed.

Common Mistakes to Avoid

In our experience handling family documents in Kathmandu, partitions go wrong in predictable ways:

• Leaving out a coparcener — especially a daughter, who has an equal right; the partition becomes challengeable.
• Never registering the deed — a partition agreed on paper but not registered at the Malpot is not enforceable.
• Vague property description — missing plot numbers or area, which stalls registration and mutation.
• Skipping mutation — registering the deed but not completing dakhil kharej, so the records still show joint ownership.
• Acting too late on a grievance — the Civil Code sets time limits to challenge a partition (commonly within three months if unsatisfied, or six months for related disputes), so a dissatisfied coparcener must act promptly.

Key takeaway: Include every coparcener, describe the property precisely, and complete both registration and mutation — and if you are unhappy with a partition, act within the statutory time limit.

Conclusion: Settle It on Paper, Properly

Property partition in Nepal is one of those matters where the law is on your side if the paperwork is right. When a family agrees, a clean partition deed — drafted precisely, signed by every coparcener, notarised, registered at the Malpot, and mutated — ends the matter for good and protects everyone's share.

The mistakes that turn partitions into decade-long feuds are almost always documentation mistakes: a missing signature, an unregistered deed, a forgotten daughter. They are entirely avoidable.

We draft and notarise partition deeds and prepare the supporting documents — citizenship copies, the Lal Purja, and any power of attorney needed for an absent coparcener — so your partition is accepted at the Malpot the first time. See our drafting services or talk to our notary advocates in Kathmandu. Get your documents notarized in Kathmandu →

Reviewed by: The Legal Team at Notary Kathmandu — Nepal Bar Council registered advocates

Last reviewed: April 2026