Property Rights of NRN Citizens in Nepal | Rights of NRN in Nepal

Property Rights of NRN Citizens in Nepal | NRN Citizenship Rights | Rights of NRN in Nepal |NRN property rights Nepal | NRN citizenship Nepal benefits | Gair awasiya nagarik | Gair awasiya nagarik

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NRN Citizens can acquire property in Nepal through:
(a) Purchase,
(b) Partition; and
(c) Inheritance.
The Non-resident Nepali Act, 2008 provides for two broad categories of Non-resident Nepali (“NRN”) :
(a) Foreign citizen of Nepalese origin;
(b) Nepali citizen residing abroad.
Section 7A as introduced by the Nepal Citizenship (First Amendment) Act, 2079 provides for NRN Citizenship in Nepal where NRNs are permitted to enjoy social, economic, and cultural rights.

Governing Laws
The following laws govern the property rights of NRN citizen in Nepal:
1. Constitution of Nepal, 2015;
2. Non-resident Nepali Act, 2008;
3. Non-resident Nepali Rules, 2009;
4. National Civil Code, 2017;
5. Foreign Investment and Technology Transfer Act (“FITTA”), 2019; and
6. Foreign Investment and Technology Transfer Regulations, 2021

What are the modes of property acquisition by NRN citizens?
NRNs can acquire property in Nepal through following modes:
1. By purchase;
2. By partition;
3. By inheritance; and
4. By investment.

1. By virtue of Purchase:
NRNs shall submit an application to the Ministry of Foreign Affairs (“Ministry”) for obtaining prior approval for purchasing land in Nepal.

What is the procedure for land purchase?
The procedure for the land purchase is briefly explained as follows:
Step 1: Application must be filed at the Ministry mentioning details of location, area and the priceagreed.
Step 2: Application to be revised (if required) and permission granted by the Secretary of the Ministry.
Step 3: Registration of land by the concerned land revenue office.
Step 4: Blue colored certificate issued by land revenue office in name of the buyer.

What are the documents required to be submitted for land purchase (Residential Purpose) before the Ministry?
NRN intending to purchase land in Nepal must submit the following documents at the Ministry:
1. Land purchase application;
2. A copy of NRN identity card;
3. A copy of the foreign citizenship certificate and passport;
4. Original landlord land registration certificate (Lalpurja) along with its copy;
5. A copy of the landowner’s citizenship (seller);
6. A copy/blueprint of the trace map (for buying house, house blueprint must be included);
7. Receipt of land tax payment of current fiscal year; and
8. A copy of the building completion certificate.

2. By virtue of Partition:
According to Section 433 of Muluki Civil Code, 2017 If a foreigner acquires a share of property through partition or inheritance in Nepal, that property cannot be transferred or registered in their name, and they are not allowed to benefit from its income unless permitted by the government of Nepal. However, this restriction does not apply to a person who holds non-resident Nepali citizenship. Thus person having non-resident Nepali citizenship are eligible to acquire property through partition.

3. By virtue of inheritance:
In the event of the NRN’s death, their property in Nepal can be inherited by their legal heir who holds an NRN ID card. In the absence of such an heir, inheritance will be governed by the prevailing laws.
According to Section 433 of Muluki Civil Code, 2017 persons having non-resident Nepali citizenship are eligible to acquire property through inheritance.

4. By virtue of investment:
Like any other foreign investor, FITTA permits NRNs to make investment in industry in following forms in Nepal:
• Share investment in foreign currency;
• Re-investment in an industry of dividends derived from foreign currency or shares;
• Lease finance;
• Investment made in venture capital fund;
• Investment made in listed securities through secondary securities market;
• Investment made by purchasing shares or assets of a company incorporated in Nepal;
• Investment received through the banking channel after issuing securities in a foreign capital market by an industry or company incorporated in Nepal;
• Investment made through technology transfer

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