At Himal Kanooni Sewa, our practice is defined by over three decades of mastery in the two most complex pillars of Nepalese civil life: Family Law and Property Law. Since our founding in 1991 AD, we have transitioned alongside Nepal’s legal system from the traditional mandates of the old Muluki Ain to the modern, rights-based framework of the National Civil Code, 2074 (2017). Our specialization is not merely in providing advice, but in navigating the high-stakes litigation that defines these practice areas.
The enactment of the National Civil Code 2074 marked a paradigm shift in family law, moving from a sacrament based understanding of marriage to a modern "rights oriented social contract." At Himal Kanooni Sewa, we specialize in the delicate and legally rigorous processes required to protect individual agency and family welfare within this new framework.
Strategic Divorce & Marital Dissolution: We handle both Mutual Consent Divorce (Section 93) and contested proceedings. Our expertise lies in navigating the grounds for dissolution, including physical or mental torture, bigamy, and desertion. We provide counselling and legal representation in regard to property allocation and division during divorce. We also legally help individuals be it husband or wife by providing ways to save their property from division as far as legally possible.
Alimony, Maintenance, and Economic Rights: Post divorce financial security is a critical area of our practice. We specialize in securing Lump Sum Alimony (Section 99) and monthly maintenance, ensuring that the division of property acquired during the marriage is handled with forensic precision.
Child Custody and the "Best Interests" Doctrine: We are staunch advocates for the "Best Interests of the Child" principle. Our firm handles complex custody disputes, visitation rights, and guardianship matters, ensuring that the physical, emotional, and educational needs of the child remain the central focus of the court's decision.
Adoption and Inter country Legalities: Transitioning from the ancient religious imperative of Pinda Dan to a secular, rights-based structure, we guide clients through Chapters 8 and 9 of the Civil Code. We handle both domestic and inter-country adoption, adhering to international human rights standards to ensure stable, permanent homes for children.
Legal Personality and Civil Status: Drawing from our deep study of Part 2 (Law Relating to Persons) of the Code, we assist clients in matters of legal identity, marriage registration, and the protection of fundamental privacy rights within domestic relationships.
In Nepal, property is the cornerstone of family legacy and economic stability. Himal Kanooni Sewa is widely recognized as a premier authority on Property Law, with a specific focus on litigation arising from the National Civil Code 2074, Part 4. We combine technical due diligence with fierce courtroom advocacy to secure our clients' assets.
Ancestral Property Partition (Ansha Banda): We specialize in the equal partition of ancestral property among coparceners (amsa banda). Under current law, the husband, wife, father, mother, son, and daughter are recognized as equal stakeholders. We excel in resolving disputes involving the concealment of property and ensuring that the division of assets (Section 205 onwards) is executed fairly and legally.
Women’s Property and Inheritance Rights: Our firm has been at the forefront of enforcing landmark legal shifts that guarantee equal inheritance rights for daughters, regardless of marital status. We represent wives and daughters in asserting their rightful claims to ancestral land and modern assets.
High Stakes Real Estate Litigation: We manage complex cases involving land encroachment, boundary disputes, mohi disputes and title challenges. Our team conducts exhaustive due diligence at the Land Revenue Office (Malpot), verifying "Lalpurja" (ownership certificates) and navigating the intricacies of "Guthi" property and public land regulations.
Intellectual Property (IP) Enforcement: We treat "intangible property" trademarks, copyrights, and patents with the same rigor as physical land. Our IP specialization covers everything from registration to the litigation of infringement claims, protecting the skill and innovation of entrepreneurs and creators.
Transactions and Contracts: Beyond litigation, we provide expert drafting for sales, gifts, and transfers of property. We ensure that every transaction is compliant with the latest regulatory mandates to prevent future litigation and secure long-term title stability.