Supreme Court Establishes New Precedent on Land Ownership Disputes
Summary
The Supreme Court has set a new precedent in a Bhaktapur land ownership dispute, ruling that disputed land with no proven heirs should be registered in the Government of Nepal’s name. The court said kinship certificates and local recommendations prepared after a dispute cannot be treated as conclusive evidence.
Key Points
- A joint Supreme Court bench in Kathmandu ruled that land in Sipadol, Bhaktapur should be registered in the Government of Nepal’s name after the claimants failed to prove heirship.
- The court said the burden of proof in civil land disputes lies with the claimant and that decisions must rest on the preponderance of evidence.
- Kinship certificates and local-level recommendations prepared after a dispute arises cannot serve as independent or conclusive evidence.
- The verdict cited the Evidence Act and the Muluki Civil Code, and invoked prior rulings and foreign precedents on civil proof standards.
