Stepchild Granted Equal Rights in Stepmother’s Property: Supreme Court Decision

The Supreme Court of Nepal has ruled that stepchildren are entitled to an equal share in the assets acquired by their stepmother, whether through dowry, gifts, or any other source. The unanimous bench, comprising Chief Justice Dr. Nahakul Subedi, Justices Tek Prasad Dhungana, and Bal Krishna Dhakal, decided this in a property distribution case. The court clarified that in inheritance matters, the term “mother” includes a stepmother, and “son” also covers stepchildren.

“The law should be interpreted to treat biological and stepmothers, as well as children and stepchildren, equally for property division purposes,” the Supreme Court stated in its full verdict. “Interpreting that a stepchild has no rights over a mother’s property is neither just nor in line with the spirit of legal provisions.”

The full bench also cited prior precedents affirming that assets acquired by parents from any source are considered similar to ancestral property for their children. It emphasized that a stepmother’s dowry or property cannot be denied to her stepchildren.

Case Background: Shashi Parajuli vs. Rahul Parajuli & Tulasa Basnet

The case involved Shashi Parajuli and her stepson Rahul Parajuli, along with his mother Tulasa Basnet. Shashi married Navaraj Parajuli on October 18, 2002 (Ashoj 2, 2059 BS), and they had three sons. Before this marriage, Navaraj was in a relationship with Tulasa, and their son Rahul was born on May 10, 1998 (Baisakh 27, 2055 BS) at Tribhuvan University Teaching Hospital, Maharajgunj.

After Rahul’s birth, Navaraj allegedly did not allow Tulasa and Rahul proper care and residence, leading to legal action for inheritance claims. Navaraj denied paternity and requested a DNA test to disprove the relationship.

However, Rahul submitted official documents including birth certificate, school certificates, and registration forms, all listing Navaraj Parajuli as his father. The Supreme Court noted that Navaraj could not provide credible evidence to challenge these documents. Witnesses, including the family’s landlord, confirmed the family relationships, supporting Rahul’s claim.

Supreme Court Clarification on DNA Testing

The Court highlighted that while DNA testing can serve as evidence to establish biological relationships, it is not mandatory for recognizing legal inheritance rights. If credible documents and evidence already establish the relationship, DNA testing is not required.

“While genetic tests can provide important evidence, they are not compulsory to establish a relationship for inheritance purposes,” the verdict stated.

Property Division Ruling

The Supreme Court ruled that Navaraj’s children from both marriages—including Rahul and the three sons from Shashi—are entitled to shares of the property. Each child, including stepchildren, is entitled to two-sevenths of the estate. Moreover, the Court affirmed that the land Shashi received as dowry from her mother in 2008 (2065 BS) is considered part of her property, and her stepchildren have rightful claims to it as well.

“The legal principle is clear: any property acquired by parents through any means should be treated as ancestral for children and spouse, and must be included in the property distribution,” the full verdict reads.

Significance of the Verdict

This landmark ruling ensures that stepchildren in Nepal cannot be denied rights to assets acquired by their stepmother, reinforcing equality and fairness in inheritance laws. The decision strengthens legal protection for children from previous marriages, guaranteeing their share of both ancestral and acquired property.