Summary of the laws relating to Succession in Muluki Civil code, 2074:

Succession is a term used to describe a common possession of an heir. Transfer of property or possessions, or anything from one generation to the next within a family, which has been practiced since ancient times that is understood as inheritance / succession. The section 237, Muluki Civil code, 2074, state that after the death of the owner of the property succession is deemed to be open to hire. Once the succession is open, nearest heir would get the property related to the deceased.

Nepal is making major developments to ensure that its citizens enjoy good living standards, incorporating or improving its ancient legal practices and right relating to the succession. Muluki Civil Code, 2074 is currently recognized as the primary legal document that deals with the property simultaneously contains procedural law, and other civil laws which cover every aspect of the social need.  This Muluki Civil Code, 2074, has been implemented from 1^st Bhadra 2075 which has brought the stunning change in the Nepali legal system. In chapter 11 of part 3 relating to the family laws, it has mentioned about the provision relating to the succession (inheritance).

Succession is opened after one’s death and it is opened for the nearest person of the deceased. It has also mentioned about the order of preference to get the succession of the property of the deceased. As per the Section 238 of the same act, succession passes according to the following order:

• One’s husband or wife
• Daughter, son or widow daughter in law
• Father, mother, step mother, grandson granddaughter, granddaughter in law from son's side
• Separated wife, son, daughter, father, mother, step mother
• Separated grandson, granddaughter from son's side.
• Grand-father, grand-mother, elder brother, younger brother, elder sister, younger sister, widow elder brother’s wife or younger brother’s wife living in the undivided family,
• Uncle, aunt, nephew, niece, living in the joint family,
• Separated elder brother, younger brother, elder sister, and younger sister, widow - elder brother's wife or younger brother's wife.

Succession would be entitled as per the order preference. If the primary preference does not exist another heir would be entitled for succession as per the order and same process goes on. Also, if there is more than one heir in same order preference than property would be equally divided within those heir.  Not standing with this another provision state that if one has lived separately other than nearer heir after taking their partition of the property or under another person's care other than their heirs than that person living in with or such care taker would be entitled for the succession.

While sometimes heir doesn't want to take the property under succession, they shall not be compelled to receive property. In such case they must inform thereof in writing to the concerned District Court within a period of three years of the devolution of succession. But if one has killed the person to get succession than he/she cannot get the succession as one cannot take advantage from their crime.

As right comes with the duties, right over the succession also comes with the obligation. The one who is taking over the ownership of the deceased is responsible to do all the rituals done after the death as per their rituals. They shall also pay all the tax over the property and all the debt that deceased had to pay.

If a person dies don't have any successor or successor denies taking the property but have property than after deducting the cost of funeral and payment of debt to the creditors,    local level are entitled with the property. Local level should send the copy of the memorandum to the district administrative office and DAO should publish a notice to call for the heir to receive the property. If still no any successor come to the contact than such property would be under the local level government which would be used only for the public purpose. Also, if  a foreigner dies without successor in Nepal and have property than local level shall inform to the DAO and DAO shall inform to the Federal Ministry of Home Affairs. Foreign Ministry of Home Affair shall send a notice through diplomatic channel of the concerned authority to call for the heirs to receive the property. If there is no diplomatic channel than a government shall publish such notice to the national English newspaper for receiving the heirs within six months and should publish such notice on its website. If no one comes to receive the property, again such property would be under the local level government which would be used only for the public purpose.

Government of Nepal has well protected the rights of the successor of the property.