Understanding Waris Nama: A Necessity for Selling Properties and Vehicles in Nepal from Abroad
Selling properties or vehicles in Nepal when you’re residing abroad can be a complex and challenging process. The legal and administrative requirements involved are critical to ensure a smooth and legitimate transaction. One of the key documents you’ll need is the “Waris Nama.” In this blog post, we will delve into what Waris Nama is, why it is essential, and how it plays a crucial role in selling properties and vehicles from abroad.
What Is Waris Nama?
Waris Nama is a legal document used in Nepal for property and vehicle transactions, especially when the owner or seller is not physically present in Nepal. It is essentially a power of attorney that authorizes someone to act on the owner’s behalf, particularly for the sale of property or a vehicle.
The document includes the specific powers, responsibilities, and limitations granted to the appointed person (known as the agent or waris). The Waris Nama outlines the terms and conditions of the authorization, ensuring that the transaction is legally valid and in the best interests of the owner.
Why Is Waris Nama Necessary?
Selling properties and vehicles in Nepal typically requires numerous administrative, legal, and procedural steps. When the owner is residing abroad, it becomes practically impossible to oversee and manage these processes in person. Waris Nama serves several crucial purposes:
Legal Authority: It grants legal authority to an appointed agent, allowing them to act on behalf of the owner in all matters related to the sale. This includes signing documents, representing the owner, and making necessary decisions.
Ensures a Valid Transaction: In the absence of the owner, the agent can perform the tasks required for a legitimate sale. This includes transferring property titles, ensuring that the transaction adheres to all legal requirements, and obtaining necessary clearances.
Streamlines the Process: Waris Nama simplifies the entire selling process. It eliminates the need for the owner to travel to Nepal, saving time and resources, and reducing logistical complications.
Convenience: For individuals residing abroad, Waris Nama offers a convenient and practical solution to manage property and vehicle transactions in Nepal.
How to Create a Waris Nama
Creating a Waris Nama involves a series of steps:
Legal Consultation: Seek legal advice from a qualified attorney or notary public in Nepal. They will guide you through the specific requirements and the drafting of the document.
Note: Make sure to contact legal-writers(Lekha-padhi/Lekhandas) outside of Transport Office. Because, Notary Public or other lawyers do not have updated info regarding that. They will ask you to consult Lekhapdhi.
Drafting the Document: The attorney will draft the Waris Nama, specifying the powers granted to the agent, the purpose (sale of property or vehicle), and any limitations.
Notarization: The document must be notarized in Nepal to ensure its authenticity and validity.
Agent’s Acceptance: The agent must acknowledge their acceptance of the responsibilities granted by the Waris Nama.
Government Authorities: Depending on the nature of the transaction (property or vehicle), the document may need to be registered with the relevant government authorities.
Requirements
- Vehicle registration file required. This file is collection of docs you get when you buy your vehicle. Normally, RTO keeps it while some RTO offices gives it to you. It contains Bhansar/Custom receits and registration docs.
- Both original owner and the temporary-owner should be present at the time of documentation for verification. (This might not apply to every case for example, vechile ownership)
- For vehicle ownership, contact RTO office or Lekhapadhi office outside.
- For property, you can contact district court or embassy
- Docs like, citizenship original and photocopy, original color photos
For more info call: Lumbini Lekhapadhi Sewa, Gurjudhara +977-9818660953
Final Thoughts
Waris Nama is an invaluable legal tool that enables individuals residing abroad to manage the sale of properties and vehicles in Nepal. It simplifies the process, ensures the transaction’s legality, and offers convenience. If you’re considering selling property or a vehicle from abroad, consulting with legal experts in Nepal and understanding the role of Waris Nama is essential for a successful and trouble-free transaction.
