Illegal possession of property, commonly known as “Qabza,” is a serious issue in Pakistan. Many property owners face situations where their land or house is unlawfully occupied by individuals or groups who refuse to vacate. This can happen due to fraud, illegal force, or disputes among family members. If you or someone you know is dealing with illegal possession, it is important to take the right legal steps to reclaim the property.
What is Illegal Possession (Qabza)?
Illegal possession occurs when someone occupies or controls a property without legal ownership or authority. This can happen in different ways, such as:
- Land Mafia: Groups who illegally seize property for personal gain.
- Tenants Who Refuse to Vacate: Renters who continue living in a property even after their lease has ended.
- Fraudulent Transfers: When someone unlawfully changes property ownership documents.
- Family Disputes: When relatives refuse to divide or return inherited property.
Steps to Reclaim Your Property Legally
If your property is illegally occupied, you must act quickly. Here are the legal steps you can take to reclaim your land:
1. Gather All Property Documents
Before taking any legal action, collect all necessary documents to prove ownership. These may include:
- Original sale deed or registry
- Utility bills or tax receipts in your name
- Court orders (if previously involved in a legal case)
- Any rental agreements (if dealing with tenants)
2. File a Police Complaint
Visit the local police station and lodge a complaint against the illegal occupants. Provide copies of your property documents and explain the situation. If the illegal occupiers refuse to leave, the police may issue a notice or take action.
3. Send a Legal Notice
If the police do not take immediate action, hire a property lawyer to send a legal notice to the illegal occupants. This notice formally demands that they vacate the property within a specified time.
4. File a Civil Suit in Court
If the illegal occupiers do not respond to the legal notice, you can file a civil suit for possession and eviction in a local court. Your lawyer will present your ownership documents and argue your case before the judge.
5. File a Criminal Case (If Necessary)
If the illegal occupation involves fraud, forgery, or threats, you can file a criminal case under relevant sections of Pakistan’s law. This can result in strict legal action against the offenders.
6. Obtain a Court Order for Eviction
If the court rules in your favor, it will issue an eviction order. The local authorities and police will then remove the illegal occupants from your property.
7. Secure Your Property
After reclaiming possession, take steps to prevent future illegal occupation:
- Build a boundary wall or fence.
- Install security cameras and hire guards if necessary.
- Keep your legal documents up to date.
Conclusion
Illegal possession of property is a challenging but solvable issue if you take the right legal steps. By gathering proper documents, filing complaints, and seeking legal help, you can successfully reclaim your property. If you need assistance, consult ASR Law Associates for expert legal advice and representation. Our team is here to protect your rights and ensure justice is served.
