Section 369: Use of provision of servitude to be allowed

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1) If there is a provision of servitude pursuant to Section 368, the owner of the concerned immovable property shall allow another person to enjoy or use the immovable property in accordance with the provision of servitude.

2) Notwithstanding anything contained in sub-section (1), if there is a provision of servitude for public purpose, such a servitude may also be used for personal purpose.

3) Notwithstanding anything contained elsewhere in this Section, a servitude created by operation of law may be used in accordance with law.

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Nepal Laws
The National Civil (Code) Act

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Section 471: Transmission and registration and de-registration to be made
Section 199: Special provision relating to permission to be granted for adoption
Article 264: Muslim Commission
Article 227: Other provisions relating to Village Assembly and Municipal Assembly
Section 149: Guardianship not to be transferred to successor
Section 505: Contract enforceable by law
Article 299: Provisions relating to the Speaker and the Deputy Speaker
Article 3: Nation
Article 82: Transaction of business of the Government of Nepal
Section 293: One who does not make labour or expenses in making ditch not allowed to use water
Section 125: Parental authority to be exercised jointly
Article 275: Provisions relating to the referendum
Article 194: Procedures relating to the conduct of business of the State Assembly
Section 418: Joint property may be sold by way of sale
Article 120: Appropriation Act
Section 10: Bonus to be given to the Agent or to a Member of the Family
Section 190: Best interests of minor to be ensured in granting permission for adoption
Section 299: Property deemed to be government property
Section 496: Obligation to be fulfilled within the prescribed time
Section 156: Body corporate to become curator
Section 587: Rights of the person who obtains collateral or deposit
Section 408: Voidance of donation or gift
Section 236: Partition deemed to be executed
Article 47: Implementation of fundamental rights
Section 89: To provide, or cause to be provided, maintenance in accordance with reputation
Section 25: Employer Enlistment Number to be Ineffective
Article 215: Provisions relating to Chairperson and Vice-Chairperson of Village Executive
Section 131: Guardian or curator may also exercise parental authority
Article 76: Constitution of the Council of Ministers
Section 17: Cancellation (Revocation) of Identity Card
Article 60: Distribution of sources of revenue
Section 499: Obligation to be fulfilled in good faith
Section 180: Not allowed to claim partition share of father and mother
Section 283: To leave land while digging well or Kuwa
Section 116: Obligation to take necessary care (herchaha) and provide maintenance (shyahar samhar)
Article 43: Right to social security
Section 11: Different Security Schemes may be Operated
Section 13: Welfare Fund
Rule 12: Provision related to Registration and Renewal of Association
Section 129: Power to cause minor to improve conduct and habit
Section 189: Adoption not to be effected without obtaining permission
Section 311: Action to be taken
Section 1: Short Title and Commencement
Section 2: Definitions
Section 577: To disclose faults in goods bailed
The Immigration Act, 2049
Section 319: Power to refuse registration of trust
Section 559: Documents concerning sold goods to be handed over
Section 31: Right to Name
Article 11: To be citizens of Nepal
Article 308: Repeal
Section 517: Void contracts
Section 74: Marriage to be deemed concluded if child is born from physical Intercourse
Section 426: Procedure to be followed by body corporate while purchasing or transferring property
Section 586: To return goods collateraled or deposited
Section 447: Mortgaging by third party on behalf of debtor
Section 4: Principles and provisions applicable generally
Section 566: Relation between the surety and the principal debtor
Article 108: Remuneration
Article 45: Right against exile
Section 260: Management, protection and maintenance of joint property
Article 239: Functions, Duties, and Powers of the Commission for the Investigation of Abuse of Authority
Article 57: Distribution of State power
State No. 4
Section 573: Rights of subrogator
Section 77: Marriage by registration
Article 158: Functions, duties and powers of the Attorney General
Article 116: Federal Consolidated Fund
Section 15: Suspension and Termination of Benefit
Section 597: Termination of agency
Section 339: Deed of trust property to remain with trustee
Section 185: Voidable adoption
Article 203: No tax to be levied or loan to be raised
Section 435: Property deemed to be mortgaged
Article 157: Attorney General
Section 1: Short title and commencement
Section 122: Son or daughter to honour, respect and care (herchaha) mother, father
Section 115: To be under custody of mother or father
Section 386: Agreement to be concluded while renting
Section 2: Definitions
Section 542: Compensation to be ascertained in monetary value
Article 55: Questions not to be raised in court
Section 177: Procedures for effecting adoption
Section 395: Subletting house rented to other person
Section 506: Persons competent to concluded contract
Section 340: Entitlement to reimbursement from trust property
Section 31: Functions, Duties and Rights of the Committee
Section 403: Duty to handover goods or chattels in good condition
Section 391: Mode and procedure of payment of rent
Schedule-5 List of Federal Power
Section 69: Freedom of marriage
Article 25: Right relating to property
Article 225: Term of Village Assembly and Municipal Assembly
Section 557: Goods deemed to be accepted
Section 555: To bear risks
Schedule-2 National Anthem of Nepal
Article 86: Composition of the National Assembly and the term of office of its members
Section 158: Qualifications of curator
Section 602: Contract for carriage of goods deemed to be made
Section 4: The Institution to be an Autonomous Body
Section 399: Power to inspect
Section 514: Application of general provisions of contract
Article 149: Appointment, qualification, remuneration, and other conditions of service of Judges of District Courts
Article 146: To be engaged in the practice of law
Article 114: Provisions relating to the Ordinance
Section 7: Amount to be Obtained for Bonus and Its Assessment
Schedule 1 Name Registration
Section 400: Leaving rented house
Section 214: Widow may effect separation by taking her partition share
Section 17: ……………….
Article 19. Right to communication
Article 218: Conduct of business of Village Executive and Municipal Executive
Section 213: Husband or wife may get separated by obtaining partition share
Section 415: Power of guardian or curator to sell property
Section 477: Matters to be set out in deed
Article 50: Directive principles
Article 112: Withdrawal of Bills
Section 2: Definition
Section 440: Duty to take reasonable care of (herbichar) mortgaged property
Section 316: Application to be made for establishment of trust
Section 5: The Status of Non-Resident Nepali shall be continued
Section 108: Son, daughter or paternity to be claimed
Article 302: Formation and operation of government services at the State and Local levels
Section 501: Obligation contrary to law not to be fulfilled
Section 20: Guarantee of freedoms and rights
Article 167: Oath by Chief of State
Article 111: Procedures for the passage of Bills
Article 273: Emergency power
Section 5: Informal Sector Workers and Self-Employed Persons May Take Part in the Social Security Scheme
Section 216: Partition to be effected
Section 28: Office of Fund
Section 460: Procedures for making pre-emption
Article 185: Quorum of State Assembly
Non-resident Nepali (NRN) Act 2064
Section 412: Statute of limitation
Section 310: To reward complainant
Section 552: Right to accept or reject goods of different quantity
Section 406: Donation or gift deemed to be effected
Article 306: Definitions and interpretations
Article 10: Not to deprive of citizenship
Section 111: To obtain name and surname
Section 265: Statute of limitation
Section 139: Guardian may be appointed by court
Section 146: Power to act on behalf of incompetent or quasi-competent person
Section 12: Deduction of Bonus
Article 163: Provisions relating to the Chief of State
Section 508: Offer and acceptance deemed to be completed
Section 439: Entitlement to possess as if it belonged to oneself
Section 60: Opportunity to be provided to reconcile sum of debts
Section 30: Meeting and Decision of the Committee
Section 247: Creditor may recover debt
Section 589: Creditors (pari pasu) to be on equal footing
Article 258: National Inclusion Commission
Section 414: Property may be transferred
Section 79: Deed of consent to be prepared
Section 144: To maintain books and accounts accurately
Article 79: Remuneration and other facilities of the Prime Minister and Ministers
Section 502: Impossible obligation not to be fulfilled
Section 193: Provision relating to Inter-country Adoption Board
Article 65: Vacation of the office of the President
Article 202: Ordinance
Article 186: Voting in the State Assembly
Section 463: Deed deemed to be registered
Section 281: Prohibition of channelling water of house or roof
Article 271: Registration is required for securing recognition for the purpose of contesting elections as a political party
Article 191: Restriction on discussion
Section 100: Order to pay lump sum amount or alimony
Article 49: To be guiding principles
Section 36: Actuarial Valuation to be Done
Section 374: Prohibition of transfer of house or land without provision of passage or exit
Section 50: Nepal Government to be the Plaintiff
Section 81: Provision relating to use of surname by married woman
Section 78: Decision to be made as to whether marriage is capable of being concluded
Section 3: Social Security not to be Received Without Contribution
Section 67: Marriage deemed to be concluded
Rule 5: Valid period for Identity Card and Renewal
Article 256: Functions, duties, and powers of the National Dalit Commission
Article 137: Formation of Constitutional Bench
Section 118: Rights of son, daughter remain to exist
Section 39: Identification of Person Receiving Social Security
Section 232: Debtor not to be specified without consent of creditor
Article 122: Votes on account
Section 531: Discharge of contracts in the event of fundamental changes in circumstances
Article 236: Inter-State trade
Section 59: Help May be Sought
Section 346: Alteration in the object of trust
Rule 3: Application has to be submitted for the registration of the name
Section 425: Right in property may be transferred by attorney
Section 267: Right of owner
Section 402: House rent agreement deemed to be terminated
Article 295: Constitution of the Federal Commission
Article 284: Provisions relating to the Constitutional Council
Section 19: ……………….
Article 34: Right to labour
Section 166: Requirement to certification by court
Section 154: Curator of person of unsound mind
Article 123: Votes of credit
Schedule-9 List of Concurrent Powers of Federation, State and Local Level
Section 272: Circumstances when possessory right is extinguished
Section 491: To return goods in original condition
Article 244: Provisions relating to the State Public Service Commission
Section 242: Separated heir entitled to succession
Section 366: Usufruct deemed to be extinguished
Article 252: National Women Commission
Section 206: Equal entitlement to partition share
Article 292: Provisions relating to parliamentary hearings
Section 3: Recording of Non-Resident Nepali
Section 20: Workers to be Enlisted
Section 33: To be considered incompetency
Article 181: Decision as to the disqualification of a member
Section 109: Paternity of child born from artificial insemination to be of father
Section 466: Deed may be registered by commission
Section 9: Power to Expel
Section 294: Construction of ditch or use of water with mutual consent
Section 18: Power to Frame Rules
Section 4: Contribution to be Deposited
Section 553: Deemed to be contract for sale by sample
Section 163: Transfer of title, ipso facto to be void
Section 8: Circumstances Wherein the Council Member’s Seat Remains Vacant
Section 321: Dissolution of trust on failure of transfer of property
Article 142: Vacation of the office of the Chief Judge or Judge
Article 257: Powers to establish offices in States
Section 361: Usufructuary to bear tax or fee
Article 72: Remuneration and facilities of the President and Vice President
Section 269: When possessory right can be acquired
Article 248: National Human Rights Commission
Section 36: Physical examination or change of organ may be made
Section 2: Definitions
Section 138: Organisation considered to be guardian
Section 383: House deemed to be rented
Section 23: Liability of the Manager
Article 68: Vacation of office of Vice-President
Section 6: Power to examine and take into possession of a document
Article 66: Functions, duties, and powers of the President
Section 4: Issuing Identity Card
Article 92: House Chairperson and Vice-Chairperson of the National Assembly
Article 154: Judicial Service Commission
Section 554: Provisions relating to transfer of ownership of goods
Section 344: Power to relinquish benefit of trust property
Section 449: Creditor to be liable for loss and damage to property in mortgage
Section 305: Prohibition of registration of government, public or community properties in individual’s name
Section 228: Partition share not to be exchanged
State No.2
Section 110: To be according to court’s decision
Section 538: Consequences of rescission or voidance of contract
Section 478: Entitlement of creditor to interest from debtor
Article 230: Estimates of revenues and expenditures of the Village Body and Municipality
Section 544: Statute of limitation
Section 55: Petition to be filed to initiate bankruptcy proceedings
Section 22: ………………………
Article 147: Responsibility of the Chief Judge
Section 473: Statute of limitation
Section 444: Redemption of mortgaged property at any time
Schedule-6 Format of the application for renewal of Identity Card
Section 336: Duty to prevent loss to trust property
Section 63: Dissolution of the Fund
Section 161: Power to spend immovable property with court’s permission
Section 431: Property Exchange in Nepal
Section 192: Foreigner eligible for adopting son or daughter
Section 105: Maternity or paternity to be determined from mother or father
Section 85: To be considered husband and wife
Article 179: Oath of a member of the State Assembly
Section 389: Obligations of house owner
Article 290: Provisions relating to Guthi (trusts)
Section 14: Not to be relieved from civil liability
Section 64: Assets not to be concealed
Section 397: Prohibition of using house contrary to agreement
Section 54: Bankruptcy proceedings may be initiated
Section 390: Obligations of tenant
Section 332: To carry out object of trust
Part (a) Identity Card
Section 278: Safety measures to be adopted
Schedule-7 List of Concurrent Powers of the Federation and the States
Section 365: Power to return property by usufructuary
Section 128: Special care (herchaha) to be taken
Section 345: Duty to maintain ownership of trust property
Section 533: Contract may be suspended or altered
Section 342: Acts not to be done by trustee
Section 603: Carrier’s obligations
Article 221: Legislative powers of Local Level
Section 273: Adverse possessory right to be deemed
Section 522: Reciprocal performance of contract
Section 392: Obligation to pay tax and other charge
Section 348: Consequence of voidance of trust
Article 81: To inform the President
Section 41: Determination of Social Security Number
Rule 8: Information about Investment shall be provided
Article 67: Vice-President
Section 411: Not to obtain property under deed of gift with testament
Section 168: Statute of limitation
Section 230: Power to withhold property or income until partition is effected
Section 127: Prohibition on discrimination
Article 20: Rights relating to justice
Rule 16: Supervision
Section 18: Other Provisions Relating to Social Security Scheme
Article 261: Indigenous Nationalities Commission
Section 428: Property may be purchased or obtained in the name of incompetent or quasi-competent person
Section 8: Restriction on Obtaining Bonus
Section 23: No taxation except in accordance with law
Section 231: Partition to be so effected as to have provision of way or passage
Section 549: Description of goods
Article 305: Power to remove difficulties
Article 298: Provisions relating to the formation of the Council of Ministers
Section 159: Curator to take custody of property
Article 77: Vacation of the office of the Prime Minister and the Minister
Section 209: To obtain partition share from part of father or husband
Article 127: Courts
Section 16: Provision Relating to the Union of Non-Resident Nepali
Article 132: Chief Justice and Judges of the Supreme Court not to be engaged in any other office
Section 261: Prohibition of alteration in joint property without consent
Section 585: Contract of pledge or deposit deemed to be made
Section 19: Publishing Notice for Enlistment
Section 20: Penalty
Article 214: Executive power of Local Level
Section 301: Property deemed to be community property
Article 162: Executive power of the State
Preamble
Section 221: Matters to be set out in inventory
Section 246: Obligations and rights of person upon whom succession is devolved
Article 220: District Assembly and District Coordination Committee
Section 306: Prohibition of possession or cultivation of government, public or community land
Part (a) Identity Card
Article 178: Qualifications for a member of the State Assembly
Article 192: Transaction of business in case of vacancy in the seat of a member
Article 5: National interest
Section 526: Time to be considered as essence of contract
Section 357: Prohibition of alteration in structure of property without consent
Section 54: Other Provisions Related to the Fund
Article 243: Functions, duties and powers of the Public Service Commission
Section 432. Restriction on transfer of immovable property to foreigner
Section 458: Pre-emption of house donated or gifted
Article 260: Powers to establish offices in States
Section 15: An Advisory Board may be constituted
Article 237: Not to affect the jurisdiction of the Constitutional Bench of the Supreme Court
Section 452: Not to be mortgaged or transferred in duplication
Section 567: Surety to substitute creditor
Section 97: Mediation to be made between husband and wife
Section 86: Relation and obligation of husband and wife
Section 322: Operation and management of trust property according to memorandum of incorporation
Section 580: Bailor to be liable for other’s goods bailed
Article 281: Appraisal and review of special rights
Section 274: Compensation to be paid
Section 500: To bear compensation for failure to fulfil obligation
Section 34: Auditing of the Fund
Article 46: Right to constitutional remedies
Article 29: Right against exploitation
Article 213: Act relating to financial procedures
Section 212: Separation may be effected at anytime
Section 291: Use and allocation of ditch water
Article 164: Qualification for Chief of State
Section 14: Disciplinary Committee
Rule 15: The Dissolution (Liquidation) of the Association and Its Consequences
Section 11: Appeal
Section 370: Servitude not to be adversely affected by transfer of immovable property
Section 65: Status of bankruptcy to be terminated
Section 509: Offer or acceptance may be revoked
Article 303: Provisions relating to Local Bodies
Section 524: Place for performance of contract
Article 184: Address by the Chief of State
Article 110: Procedures for the introduction of Bills
Section 248: Local Level to receive property under succession
Article 8: National flag
Section 484: Period of deed executed in household
Section 10: Facility and concession for a foreign citizen of Nepalese origin
Section 148: Termination of guardianship
Article 100: Provisions relating to vote of confidence and motion of no-confidence
Section 135: To be considered guardian
Article 267: Provisions relating to the Nepal Army
Article 235: Coordination between the Federation, State and Local Level
Section 300: Property deemed to be public property
Section 556: Right of buyer to ascertain goods
Section 49: Legal person may become agent
Section 317: Details to be set out in memorandum of incorporation
Section 94: Husband may effect divorce
Section 270: Person competent to acquire possessory right
Section 225: Partition to be effected when inventory produced
Constitution of Nepal 2072
Section 33: Accounts of the Fund
Section 169: To be deemed adopted son or adopted daughter
Section 448: Property in mortgage to be indivisible
Section 47: Operation of business of legal person
Article 135: Not to be engaged in the practice of law
Section 420: Property in common may be sold for household purpose
Article 70: President and Vice-President to be of different sexes or communities
Section 596: Principal to be liable when leading to believe that act is done with authority
Section 9: Vacancy and Fulfilment
Article 307: Short title and commencement
Section 124: To be under supervision and control of father and mother
Section 438: Possessory right in mortgaged property to be deemed transferred
Section 197: Permission to be granted for adoption
Article 30: Right to a clean environment
Section 427: Property may be purchased or obtained by other person on one’s behalf
Section 356: Property which usufructuary cannot enjoy
Section 378: Prohibition of preventing natural flow of water
Section 561: Special provisions relating to compensation
Section 282: Prohibition of making a safety tank adjoining to a neighbour’s land
Section 18: ………………….
Article 211: Votes of Credit
Section 543: Power of court to consider matters
Section 17: Protection of action in good faith
Section 29: Committee
Section 355: Entitlement of usufructuary to enjoy property as if it belonged to him or her
Section 289: Prohibition of using whole water of river or stream
Article 37: Right to housing
Section 413: Property deemed to be transferred
Section 121: Decision of father, mother taking custody of minor to prevail
Section 73: Voidable marriage
Section 396: Prohibition of altering structure without consent
Rule 18: The Central Database (record) has to be maintained
Section 9: Act causing nuisance to other not to be done
Section 152: Statute of limitation
Section 516: Statute of limitation
Article 128: Supreme Court
Article 73: Office of the President and Vice-President
Section 24: Not to employ in work against will
Section 98: Divorce to be effected
Section 243: Maintaining (Shyahar samhar) and caretaking person entitled to succession
Article 109: Legislative powers of Federal Parliament
Article 17: Right to freedom
Section 12A: Bonus for the Time Period of the Illegal Strike
The Contribution-based Social Security Act 2074
State No. 6
Section 34: To be considered quasi-competent
Article 143: Chief Judge and Judges not to be engaged in any other office, and provisions relating to transfer
Section 536: Indivisible nature of the authority to rescind contract
Section 14: Details to Submit to the Department of Labour
Section 307: Prohibition of building structure
Article 276: Pardons
Article 141: Conditions of service and facilities of the Chief Judge and Judges
Article 131: Vacation of office of Chief Justice or Judge of the Supreme Court
Article 90: Decision as to disqualification of member
Article 201: Assent on Bills
Section 479: Creditor not allowed to collect interest from debtor
Article 228: No tax to be levied or loan to be raised
Section 11: Act against interest to be invalid
Section 582: Costs incurred in taking care of (herbichar) bailed goods
Section 513: Contingent contract
Section 102: To be according to agreement
Article 54: Provisions relating to monitoring
Section 182: Obligations of adopted son or daughter
Section 337: To maintain accounts of trust
Section 409: Donation or gift to be voidable
Section 379: Power to use stream, river or pond water
Article 286: Election Constituency Delimitation Commission
Section 71: Marriage not to be concluded
Article 174: Transaction of business of the State Government
Section 95: Wife may effect divorce
Section 13: Good neighborhood to be maintained
Section 494: Circumstances in which obligation is created
Section 220: Lawsuit to be filed by setting out inventory of property
Section 45: Address of location of legal person
Section 433: Foreigner to transfer partition share or inheritance, if any obtained
Section 224: Chairperson and Vice-Chairperson of Village Assembly and Municipal Assembly
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Section 369: Use of provision of servitude to be allowed

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