Supreme Court Justice Khil Raj Regmi-led panel to study civil code and civil procedural code on Wednesday recommended that the government introduce will system, scrapping the centuries-old heirship on parental property.

The panel has proposed that new system should be adopted after April 14, 2013. In the new system a person is not obliged to provide parental property to his sons and daughters. S/he can provide his or her property to a person(s) of his or her liking. However, the parents will have to manage property for their children with physical or mental disability.

As per Section 10 of the Partition of Property Chapter of the Country’s Code, parents have to provide their property to sons and daughters, as three years ago equal share of parental property was ensured for daughters.

Panel coordinator Justice Regmi said they had suggested to revamp the entire civil law, introducing the will system, and called the PM to implement the same at the earliest through the promulgation of parliamentary legislation.

“The current provision only divides the society. Brothers and sisters fight for property, prompting us to come up with new provision,” senior advocate Shyam Kharel, who is also a member of the panel, told The Himalayan Times. “This will put the development of our society on par with the developed countries,” he added.

Caretaker Prime Minister Madhav Kumar Nepal welcomed the provision of the proposed draft. “Everyone must stand on their own feet and not depend on property of their parents,” he said.

Completing its two-year study, the panel suggested to introduce will system, scrapping the property heirship.

Analysing civil codes and civil procedure codes practised in several countries, the panel has recommended introduction of separate civil codes and civil procedure codes to replace Muluki Ain promulgated during the Rana regime in order to provide justice on time.

The draft codes have provision for prompt justice dispensation system and prompt hearing.

Regmi adds that the new code also ensures that Nepali judicial authorities can seek help from other countries’ judicial authorities in relation to court cases. It has also introduced private international law.

The panel has recommended modifying laws related to individuals, families and property to effect positive changes in the society.

Source: Luitel, A. (2010),"SC wants govt to scrap parental property heirship",The Himalayan Times, 12 August 2010