The court held that under the old law, daughters married before the new constitution came into effect cannot claim ancestral property rights, despite amendments in the Muluki Ain (Civil Code).
The court stated that since the new constitution has been promulgated and the Muluki Ain has been amended, the previous laws cannot be applied retroactively to grant property rights to daughters married before Ashoj 14, 2072. The majority ruling—supported by three of the five judges—held that such daughters have no legal claim to ancestral property.
However, two dissenting judges opined that daughters’ inheritance rights should be protected based on constitutional provisions and principles of social justice. This case highlights a significant debate between Nepal’s existing legal framework and constitutional guarantees regarding inheritance and equal rights.
This article was originally published on https://bajarkochirfar.com. Translated with the help of AI and reviewed by our editorial team.
