Section 424: Entitlement to amount or compensation in event of deprivation of enjoyment of property

Estimated reading: 2 minutes 2 views

1) If a person transfers a property by way of sale pursuant to this Chapter and the purchaser is deprived of enjoying the property wholly or partly because of such transfer being invalid for any reason, the purchaser shall be entitled to recover from the transferor the amount paid by him or her for the property to the extent that he or she is so deprived of enjoying, an interest to be set by yearly ten percent of the amount and the registration fee or other amount, if any, he or she has paid for the transfer of that property as if it were an unsecured bond (Kapali).

2) If any person makes any structure in a property purchased pursuant to this Chapter and is not able to enjoy that property because of such transfer being invalid for any reason, that person may demolish and take away the structure made by him or her within six months.

3) If any person is aggrieved from the transfer of a property in contravention of Sections 419, 421 and 422 or the failure to demolish and take away any structure pursuant to sub-section (2), such a person shall also be entitled to a reasonable compensation for actual loss and damage suffered by him or her from such transferor, in addition to the amount referred to in sub-section (1).

4) If a person who may be entitled to a donation or who is entitled to a donation or gift is aggrieved from being unable to use the property for any reason under this Chapter, the person shall be entitled to get reasonable compensation from the person making the donation or gift, subject to the other Sections of this Chapter.

Provided that compensation cannot be recovered in the case of a testamentary gift being void.

5) Notwithstanding anything contained elsewhere in this Section, a person who obtains property in any of the following circumstances shall not be entitled to recover the amount referred to in sub-sections (1), (3), and (4):

(a) If he or she has obtained the property knowingly, knowing that it was another’s property or stolen property,

(b) If he or she has obtained the property knowing that it was already transferred to another person.

Share this Law

Section 424: Entitlement to amount or compensation in event of deprivation of enjoyment of property

Or copy link

Discover Nepal's laws effortlessly. Our user-friendly platform simplifies legal understanding and accessibility, serving individuals throughout the country.
Antimanual

Ask our AI support assistant your questions about our platform, features, and services.

You are offline
Chatbot Avatar
What can I help you with?

Federal Election 2082 Portal – NepalLaws

Access a curated collection of legal resources, election countdowns, and simplified explainers for the upcoming House of Representatives elections.