KATHMANDU, Aug 7: With the Muluki Ain (Civil Code) 2017 coming into force on August 17, almost one year after the bill was endorsed by the Legislature-Parliament, a fetus in the womb will be entitled to the parental property.

On September 25, 2017, a House meeting had passed the bill presented in the parliament by then Minister for Law, Justice and Parliamentary Affairs, Yagya Bahadur Thapa, seeking passage of the bill including divison of property.

Earlier, only husband, wife, father, mother, son and daughter were entitled to the parental property.

Once Muluki Ain (Civil Code) 2017 is in place, even the fetus in a mother’s womb will get the slice of the property.

Legal experts believe that such kinds of provisions will help do away with the ongoing discrimination between daughters and sons in terms of equal property rights.

“Once the legal provision comes into force, the fetus of an expecting mother will enjoy the pie of its parental property and equal property will have to be allocated for the baby in the womb, accordingly.  Earlier, we had to legally fight for the equal rights for the property. Now the baby in the womb is entitled to get the property. This is a good provision,” said advocate Mira Dhungana.

Legal experts believe that such kinds of provisions will help do away with the ongoing discrimination between daughters and sons in terms of equal property rights.

With this new provision, the family preferring sons over girls is under compulsion to grant equal property to their daughter, too.

Commenting on the new property-related legal provision, senior advocate Usha Malla Pathak said the fetus now will also enjoy equal property rights once Muluki Ain (Civil Code) comes into force on August 17. In case the baby in the womb is miscarried, the allocated share will automatically convert into common property.

Earlier, legitimate age to claim property was 16 while the age now has been extended up to 18, with this new provision.

On October 16, 2017, President Bidya Devi Bhandari had authenticated seven bills including Muluki Ain (Civil Code) Bill 2017 in accordance with Article 113 (2) of the Constitution. 

 
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