Quick Answer (TL;DR)
Ansha Banda is the legal division of joint family property under Civil Code 2074 Sec 205–236 — husband, wife, father, mother, son and daughter = equal shares. If everyone agrees: draft a deed (अंशबन्डा कागज) with inventory → sign with witnesses + thumb impressions → notarise → register at Malpot → mutate into separate Lalpurjas. If not: District Court Ansha Banda case (or mediation). Challenge an unfair partition within 3 months.
What Is Ansha Banda?
Ansha Banda / Ansabanda (अंशबन्डा) is the partition of joint family property (land, house, cash, shares, vehicles, gold) among coparceners (अंशियार). Before partition the property is joint; after registration each former coparcener owns their share independently and can sell, gift or mortgage it without the others’ consent.
Who Can Claim — Equal Shares (Civil Code 2074)
Two Routes: Mutual Deed vs Court Case
Partition Deed (अंशबन्डा कागज) — What It Must Contain
- Coparceners: full name, citizenship reference, relationship to head of family, current address of each
- Property inventory: for each parcel — kitta number, location, area, type/use, ownership chain, and valuation reference. For houses add rooms/storeys/materials; for movables add cash, bank, shares, bonds, vehicles, gold with values
- Allocation: which property or sub-parcel (with boundaries) goes to which coparcener — or proceeds share if sold and divided
- Debts/obligations: family debts settled among coparceners with amounts
- Acknowledgments: that the partition is fair/complete and no other joint property beyond the inventory is being hidden
- Witnesses: at least 2 competent witnesses signing before all coparceners
- Operative date: date from which the partition is effective; all coparceners sign with thumb impressions
Required Documents
Mutual Partition — Step-by-Step
- Agree the shares: family meeting settlements who gets what — include debts and any member continuing to cohabit.
- Measure & value: licensed surveyor measures land; list movables/cash/share values with supporting docs.
- Draft the deed: reduce the agreement to writing in the statutory format above; keep plot numbers/areas identical to Lalpurja and trace maps.
- Sign before witnesses: all coparceners + 2 witnesses sign with thumb impressions; notarise.
- Ward verification: submit deed + citizenship + Lalpurja + survey report to the ward; ward verifies family relationships.
- Register at Malpot: file for registration; pay the partition registration fee; Malpot registers the partition.
Registration & Mutation at Malpot
Registration at Malpot is what makes the partition operative against third parties. Mutation (dakhil kharej) then updates the land records: each former coparcener receives a fresh Lalpurja in their individual name for their allocated share. Only after mutation can a coparcener sell or mortgage their portion independently. Keep the stamped deed + new Lalpurjas safely — banks and future buyers will ask for them.
When Family Cannot Agree — Court / Mediation Route
- Mediation: a neutral mediator helps agree the split; settlement recorded in a mediation deed, then registered at Malpot like a mutual deed (binding; enforceable if later repudiated).
- District Court case: file an Ansha Banda mudda with citizenship, Lalpurja, family proof, property details and evidence of denial; court investigates, surveys, orders a compulsory division; the final order is presented at Malpot for implementation.
- Notary role: a notary advocate can draft/notarise a mutual deed and prepare certified copies, but cannot decide a contested partition — that is litigation decided by the court.
Deadlines to Challenge
Common Mistakes to Avoid
- A thin deed without a full inventory (kitta numbers, boundaries, values, debts) — creates the next dispute
- Omitting a daughter or other equal coparcener (Civil Code 2074 equality is settled law)
- One signature missing or an absent member not covered by a proper POA
- Not registering at Malpot — an unregistered deed does not transfer title for resale/mortgage
- Mismatched plot areas across Lalpurja vs trace map vs deed
- Relying on a verbal split — carries little legal weight
Checklist
- List all coparceners (husband, wife, father, mother, son, daughter) — no one omitted
- Inventory with kitta numbers, areas, boundaries and valuations for every parcel
- Deed drafted per statutory format with witnesses + thumb impressions
- Ward family-relationship verification obtained
- Malpot tax receipts cleared; survey report ready
- Notarised, registered at Malpot, and mutated into individual Lalpurjas
- Copies kept for future sale/mortgage; note the 3-month challenge window
Official Sources & Final Note
Sources: Muluki Civil Code 2074, partition provisions (commonly cited as Sec 205–236) + limitation chapter — lawcommission.gov.np, Land Revenue Office (Malpot) registration practice, and ward procedure under Local Government Operation Act 2074. Section numbering and limitation windows should be verified in the gazetted Code text — confirm at your Land Revenue Office.
Last updated: September 27, 2026. Partition law, registration fees and survey practice can change by notice. Verify at your ward + Malpot before drafting. SolutionsNepal is an educational guide, not a law firm.
Frequently asked questions
Who can claim Ansha Banda?
Under Muluki Civil Code 2074 Sec 205–236: husband, wife, father, mother, son and daughter — each with equal shares. Married and unmarried daughters have the same right as sons (settled since 2074).
Is a written deed mandatory?
Yes for enforceability. A mutual partition must be in a written deed (अंशबन्डा कागज) signed with thumb impressions before witnesses, notarised, and registered at the Land Revenue Office (Malpot), then mutated (dakhil kharej) into individual names. An unregistered verbal split does not bind third parties.
Do all coparceners need to sign?
Yes. All coparceners must sign before witnesses. A deed missing a signature is invalid — an absent coparcener abroad should sign via a Power of Attorney executed for the purpose.
What documents are needed?
Citizenship of all coparceners, Lalpurja + latest malpot tax receipt for each property, the drafted partition deed with inventory (kitta numbers, area, boundaries, values, debts), survey/measurement report, ward relationship verification, and photos. Company/POA where applicable.
Where does it register?
At the Land Revenue Office (Malpot) of the property’s district for registration + mutation into separate Lalpurjas. The ward verifies family relationships but Malpot implements the title change.
How long does a mutual partition take?
With agreement and clean documents: days to weeks (drafting + ward verification + Malpot filing). Each correction round adds weeks.
What if family cannot agree?
File an Ansha Banda case at the District Court. The court investigates, surveys, orders a compulsory division, and the final order is presented at Malpot for mutation. Mediation (1–6 months) is an intermediate binding route.
What are the challenge deadlines?
Commonly cited: unhappy with a completed partition — generally ~3 months from the partition date; concealed/hidden property — for the life of the coparcener who hid it; other acts — ~6 months. These windows follow the limitation (hadd-myad) chapter of the Civil Code — verify the exact article for your fact pattern in the full Code text at lawcommission.gov.np or with counsel; a missed window usually loses the claim.
Is there a fee?
Surveyor + drafting/notary + ward + Malpot registration fee (family partition is treated differently from a sale — confirm the exact Malpot fee schedule locally; it varies by municipality and registration type).
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