The legal landscape in Nepal has undergone significant evolution, particularly in the realm of civil law. The Muluki Ain (Country Code), 1963, which governed civil matters for 54 years, was repealed and replaced by the Muluki Civil Code, 2018. This consolidated legal framework now governs a wide range of civil disputes in Nepal.
At Infinity & Partners, we provide comprehensive legal services spanning family law, real estate, contract-related matters, and private international law. The majority of these cases are adjudicated by district courts, which serve as the courts of first instance. Our specialisation in the civil matters court litigation include:
- Contractual matters (validity, enforcement, breach, claim for damages)
- Enforcement of civil rights through applications and writ petitions at any tier of the court.
- Suit for damages, tortious claims, matters concerning equity and trust.
- Suits on matters of general transactions.
- Conflict of law litigation, enforcement and recognition of foreign judgements.
- Guardianship
- Eminent Domain.
Family Law
In Nepal, family law cases are heard by district courts, as there are no specialized family courts. Many family-related disputes are referred to mediation before reaching full adjudication. We provide an extensive range of legal services in this area, including:
- Marriage Registration: Assistance with legal registration and court marriages.
- Partition of Property: Handling both consensual and contested property divisions, including claims for alimony and maintenance.
- Divorce Proceedings: Representation in divorce suits and related legal matters.
- Child Custody and Adoption: Providing expert legal counsel on matters of child custody and adoption.
- International Family Law: Handling family law disputes involving conflict of laws, including cross-border matters.
Real Estate Law
Nepal's real estate law has evolved significantly, particularly with the enactment of the Land Reform Act, 1963. Issues such as tenancy rights, Guthi (Trust) rights, and communal ownership continue to be actively contested in the courts. Additionally, the prevalence of fraud and corruption in land transactions demands careful legal attention.
Our firm provides specialized services in the following areas:
- Due Diligence and Title Search: Conducting thorough investigations of immovable property and verifying title at relevant registries.
- Real Estate Agreements: Negotiating and drafting lease agreements, sub-lease agreements, commercial leases, and collateral financing agreements for real estate development.
- Traditional Deeds: Drafting traditional deeds such as Tamasuk, usufruct, mortgage, and pledge deeds.
- Land Acquisition and Transfer: Advising on land acquisition and transfer processes, including securitization and leasing of government or forest lands to project companies.
- Ownership Transfer Agreements: Drafting agreements for the transfer of ownership of apartments and flats.
- Land Encroachment and Eminent Domain Disputes: Representing clients in disputes over land encroachment and government appropriation of private property.
- Defective Title Disputes: Handling disputes related to defective title transfers.