Discuss (b) Lis pendens

Partition (bhaag) is the division of joint/co-owned property into individual absolute shares — the co-ownership's dissolution and the co-heirs' emancipation: the undivided right (a share in everything) converting into divided ownership (everything in a share). In Nepal's property system, partition is the central institution: the joint family's property regime dissolves by partition; the estate transmits through it; the land records re-make themselves through it; and the courts' land dockets are, in large measure, partition dockets. Its legal characters: a transfer inter vivos among the sharers (each receiving the others' renunciation of the allotted parcels); a suit in rem (binding the property — lis pendens attaching from filing); and simultaneously a family-law event (the joint status's alteration) and a property event (the kitta splits) — the dual nature the Civil Code 2074 administers.The Code's partition scheme (by principle): the sharer's right to demand partition (the modern equality: sons and daughters equally — the daughter's right by birth maturing at her demand; the parents' shares; the spouse's equal share in matrimonially-acquired property — the partition de facto by divorce/separation and the estate partition after death); the protection of the dependent family members (maintenance/residence rights preserved against the partitioning estate in defined cases); and the debts-and-assets accounting that precedes division.