Equal Right of married daughter in inheritance property since 2072 BS.

Inheritance and property rights in Nepal underwent a monumental shift with the enactment of the National Civil Code, 2074 (2017), which replaced the centuries-old, patrilineal Muluki Ain. Under Section 205 of the Civil Code, the legal framework introduces a gender-neutral definition of “coparceners”—the individuals who hold a birthright to common family property. It explicitly dictates that the husband, wife, father, mother, son, and daughter are all deemed equal coparceners. Section 206 further reinforces this by ensuring each coparcener has an equal entitlement to the partition share (Ansha Banda). This progressive overhaul completely untethered a daughter’s right to ancestral property (Paitrik Sampatti) from her marital status; married daughters now legally retain their birthright claims and can demand their parental partition share at any point, preventing parents from quiet or fraudulent property transfers designed to favor only male heirs.

When a person passes away without leaving a valid will, their assets are distributed through the intestate succession rules outlined in Chapter 11 of the Civil Code. Section 237 dictates that succession is deemed open immediately upon the death of the property owner, passing down through a strict statutory hierarchy of preference. According to Section 238, the first rank of legal heirs consists of the surviving spouse, sons, and daughters, who all inherit equal shares of the remaining estate. This statutory framework works in tandem with the Constitution of Nepal, where Article 18 guarantees the right to equality and Article 38 safeguards women’s equal lineage rights. Furthermore, under Section 246, the acquisition of inherited property comes with strict legal obligations, requiring the succeeding heirs to settle the deceased’s outstanding debts and perform customary funeral rites. If a person dies with no traceable heirs, or if the designated heirs formally refuse the inheritance within the three-year legal window, the property ultimately escheats to the local government level to be used exclusively for public welfare and community development.

Siwangi Shah v. Bhola Prasad Shah case (Equal Right of married daughter in inheritance property)

In the landmark case of Siwangi Shah v. Bhola Prasad Shah, the Supreme Court of Nepal delivered a historic verdict that fundamentally reinforced the constitutional and statutory property rights of women. The Court ruled that under the National Civil Code, 2074, a daughter’s birthright to ancestral property (Paitrik Sampatti) as an equal coparcener is absolute and entirely independent of her marital status. In its decision, the Court struck down traditional patrilineal practices that stripped married women of their parental inheritance, declaring that marriage does not sever a woman’s legal status as a coparcener in her natal family. This progressive ruling sets a binding judicial precedent, aligning statutory property distribution with Article 18 (Right to Equality) and Article 38 (Rights of Women) of the Constitution of Nepal, effectively ensuring that daughters retain equal partition rights (Ansha) alongside sons, regardless of their marital choices.