2 Transfer of Property

The six statutory modes (the Code's transaction chapters):2.1 PartitionThe division of co-owned property into individual shares — the joint family's property dissolved into the sons'/daughters'/heirs' separate parcels (the full treatment in Unit 8): a transfer inter vivos among coparceners, by mutual deed or court decree.2.2 SaleThe transfer of ownership for a price. The legal anatomy: contract (agreement, consideration, capacity — the Contract Act 2056's general law); deed (the rajinama, executed before the Land Revenue Office); registration (the transfer of immovable ownership complete only on registration — the Code and Land Revenue Act's regime); warranties (title, possession); the broker/witness practice (sakshi); payment and delivery (the symbolic sod-and-grass handover's traditional ceremony). Special protections: the pre-emption rights of neighbours in defined settings (the Code's limited pre-emption revival — the shifai haq's Nepali cousin), and the family members' consent requirements in defined cases.2.3 Mortgage (bandhak)Security transfer: the mortgagor's land charged to the mortgagee for a debt. The Code's types (by principle): possession-mortgage (the mortgagee takes possession/usufruct — profits offset the debt) and non-possession (equitable) mortgage (registered charge, mortgagor retains); redemption (the mortgagor's right to recover on payment — the anti-clog doctrine's equity); foreclosure-type remedies on default (sale/auction subject to procedure); the registration requirement for immovable mortgages. The Nepali rural reality: the bandhak as the village credit system — the mortgage's social function (collateral without…