4.5.

Provisions
Concerning Usufruct

Dhruba Koirala
National Law College
Provisions Concerning Usufruct
The legal provision that gives others to enjoy fruits of
one's property without any cost is called usufruct.
This is a new concept that Civil Code has brought in
Nepal for the first time. Before, Nepal Law did not have
clear provision for usufruct.
This Chapter has been brought to provide the provision.
Before, provision of usufruct could be applied among
parties through contract. Though, contract could not
have covered all aspects of usufruct. …………………

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Usufruct……
Major characteristic of usufruct is enjoyment of profit or
gain by a person other than the person having
ownership of a property.
In this way, one can give properties that are remained
under his/her ownership and possession to other for use
and enjoyment.
Both movable and immovable properties can be given in
usufruct.
Usufruct cannot create ownership. Nor right over a
properties can be gained based on long term of
possession, occupation and use of other's properties.

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 Usufruct……
These are the important provisions of Chapter on “Provisions
Concerning Usufruct”, Part 4, Unit 7:
1. Usufruct deemed to be constituted: (Section 352):
kmnf]kef]u -o'h'k|'mS6_ sf] Joj:yf ePsf] dflgg]M
When a person gives free a property in which he/she has right
and ownership and fruits, benefit, income or facility of the
property to another person entitling that other person to enjoy
such property and fruits, benefit, income or facility thereof,
usufruct shall be deemed to be constituted. s;}n] cfkm\gf]
xs / :jfldTjdf /x]sf] ;DklQ, To;af6 k|fKt x'g] k|ltkmn, nfe, cfDbfgL
jf ;'ljwf csf]{ JolQmn] k|of]u ug{ ;Sg] u/L lgz'Ns ?kdf lbPsf]df
kmnf]kef]usf] Joj:yf ePsf] dflgg]5 .
The provisions of usufruct shall be as set forth in a contract
entered into between the concerned persons.
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Usufruct……
2. Usufruct to be effective: (Section 353): kmnf]kef]u k|
efjsf/L x'g]M The provision of usufruct constituted by a
contract shall become effective on the date of the
commencement of the contract unless otherwise set
forth in the contract.
3. Deed to be executed: (Section 354): lnvt ug'{ kg]{M In
giving an immovable property in usufruct, its owner has
to execute a deed to that effect in accordance with law.
In giving a property in common in usufruct, consent of
the coparceners has to be obtained.
4. Entitlement of usufructuary to enjoy property as if it
belonges to him/her: (Section 355): kmnf]kef]uLn] cfkm\
g} ;DklQ ;/x k|of]u ug{ kfpg]M
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Usufruct……
5. Property which usufructuary is not entitled to enjoy:
(Section 356): kmnf]kef]uLn] k|of]u ug{ g;Sg] ;DkltM
However, a usufructuary shall not be entitled to enjoy
the following properties relating to the property
obtained under the provision of usufruct: (a)Mines and
minerals related with the property, Provided that where
the mines are the subject of usufruct, the mines may be
enjoyed. (b) Grown trees. Provided that fruits, flowers
or other products obtained from trees may be enjoyed.
6. Prohibition on alteration in structure of property
without consent: (Section 357): :jLs[lt lagf ;DklQsf] ;+/rgf
x]/km]/ ug{ gkfpg]M
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Usufruct……
7. Power to rent, lease or mortgage property under
provision of usufruct: (Section 358): kmnf]kef]u
cGtu{tsf] ;DklQ axfn, lnh jf aGwsLdf lbg ;Sg] M
8. Duty to maintain and care property under the
provision of usufruct: (Section 359): kmnf]kef]u
cGtu{tsf] ;DklQ dd{t ;Def/ tyf x]/ljrf/ ug'{ kg]{M The
usufructuary has to maintain and take care of the
property which he/she has obtained under the
provision of usufruct properly and reasonably as if it
were his/her own property.
9. Prohibition on damaging property obtained under the
provision of usufruct: (Section 360): kmnf]kef]u cGtu{t
k|fKt ;DklQsf] xflg gf]S;fgL ug{ gx'g]M
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Usufruct……
10. Usufructuary to bear annual tax or fees: (Section
361): s/ jf z'Ns kmnf]kef]uLn] Joxf]g'{ kg]{M The
usufructuary has to pay such tax or fees as may be
leviable by law in relation to the property obtained
under the provision of usufruct. Provided that the
owner shall bear the property tax payable for the
property given under the provision of usufruct.
11. Information of claim or interference by any one to
be given to owner: (Section 362): s;}n] bfjL jf lvrf]nf
u/]df :jfldTjjfnfnfO{ hfgsf/L lbg' kg]{M
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Usufruct……
12. Power to cancel provision of usufruct: (Section
364): kmnf]kef]usf] Joj:yf /2 ug{ ;Sg]M If the
usufructuary damages or misuses the property
obtained under the provision of usufruct or does not
enjoy it for the purpose for which it has been
given in usufruct or otherwise does any act that
prejudices the right of the owner in such property,
the concerned owner may cancel the provision of
usufruct at any time. In the event of cancellation of
the provision of usufruct, the usufructuary has to
return the property obtained under the provision of
usufruct. ………………………

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Usufruct……
13. Power to return property by usufructuary: (Section
365): kmnf]kef]uLn] ;DklQ lkmtf{ ug{ ;Sg]M If
usufructuary does not wish to enjoy the property
obtained under provision of usufruct, the usufructuary
may return such property to the owner at any time.
For returning properties, usufructuary must give its
notice to owner before at least forty-five days. Such
notice must be given in writing. After return of
property, provision for usufructuary deems to be
terminated.
14. Usufruct deemed to be extinguished/ terminated:
(Section 366): kmnf]kef]usf] Joj:yf cGTo ePsf] dflgg]M
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Usufruct……
15. Limitation: (Section 367) xbDofbM According to this
Section, a person who is aggrieved by any act done
pursuant to this Chapter may file a complaint within
a period of six months from the date of knowledge of
commission of such act. After the time limitation
he/she cannot lodge a complaint. This section has
been based on the date of knowledge rather than
date of action. Complaints must be lodged at
concerned District Court.

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