“in common speach, a man is said to possess or to be in possession of anything which he has the apparent control or from the use of which he has the apparent power of excluding others”
possession is one of the most important concept in the whole range of legal history. It is absolute fact, which has big legal identification to which legal rights are attached and the legal reuslts flow. Apparent possession is evidence of ownership and anyone deseriving to disturb it must show either a tiltle or a better possessor right.
possession is 9/10th of Ownership.
possession is ownership on the defensive. it is the evidence of ownership. possession is the nien points of law and hence protection should be given to possession.
Example:-
if a person is in adverse possession of a property for 12 or more years, he becames the legal owner of that property and the right of the original owner is extinguished.
Example:-
In Pakistan, U/S 145 Cr.P.C a Magistrate can restore possession back to the person forcibly dispossessed from an immoveable property, which is likely to cause breach of public peace.
Catogories of Possession.
possession is devided into two categories.
(i) possession in Fact
(ii) possession in Law
(i) possession in Fact
possession in fact is actual or physical possession. It is physical relation to a thing. This simply denoted the physicla capacity of a person who had the thing within his control in deal with it as he liked to the exclusion of everyone else.
Example:-
When a servent holds certain things in his custory on behalf of the master, he has the possession in fact.
(ii) possession in Law.
possession in law means possession in the eye of law. It means a possession which is recognized and protected by law. Law wanted to give possession, or the right to exercise a claim to the exclusive control of a thing, and alongwith it all the other advantages and rights which were closely associated with the idea of possession or phycial control, even to a person, who had no actual physical control over it.
Example:-
When a servant holds certain good on behalf of his master, a master still holds possession in law.
Now we can say that many legal results flow from the acquisition and loss of possession. It is the Prima Facie title of the ownership.
hello
I am resident in the UK, my father recently passed away in the UK,he has a plot in Karachi of which i am a nominee. I contacted the relevant housing society in karachi for further information as to what they required to transfer the plot,they required a heirship certificate. I have no idea what one of these is and where and how to obtain one. My father died but there was no mention of the plot in his will or what should be done with it. I have three siblings, brother and two sisters.Can you please advice how to obtain one of these certificates.I look forward to your reply. Thanks
Aoa,
Magestraite passed the order to seal deweling house on the report of SHO on 16-6-11.
Inquiry has been submitted to Add session Judge.
second part get stay from high court by submitting writ petition to pend the proceeding of Add session Judge because add session judge passed the amendment application.
Now we will submit application for vacating stay in high court.
Please guide me in this perspective while cases are in civil courts for last two years.
Regards,
@Quaratulain
it is not possible to properly guide you without looking deep into your matter
i cant help you out with so little detail
if you want to discuss your case with us you can call at 03336065169
I think you only give answers to ladies and not to gents ?
If You will see the question from ADIL it was before Quratulain .But Sorry to say you didn’t answer him and giving mobile number to other questioner ?
@Naeem Cheema
Sorry if we fail to give you answer in time the only reason is shortage of time and nothing else
Actually there are too much queries on E-Mail, Comments and on Phone so we are unable to answer everyone
we ll try over best to answer the questions of every comment as answering comments in on priority
number denay me pakistani sher hein :p
is adverse possession law still active in 2012?
@own Syed
yes
My ancestors bought some lands that are with us over 40-50 years, however they never used paper work just gave money and took the land.
Do you know what I can do to get the legal papers for the land?
Thank you Admin.
@Own
you have to check the title in the documents of government and after that you can do anything
is adverse possession act still active in pakistan if so under which article of the constitution of pakistan kindly reply your help is highly obliged thanx
Hi i am resident of Karachi(Sindh),Pakistan.
My father have plot in the village but someone Xyz person grab that plot without any reason,so what should i do in this condition?and what will be the first and other steps for getting this property back from XYZ PERSON…
Please tell the time of registry of land in which a person should make intaqal?? E.g I have registry in 1964 but the intaqal has not done by me and registrar till 2014. Second party buy the land from same owner 2014 (intaqal done on their). What should I do. Please guide
@Waseem
you need to file case in civil court to get the possession
you can also start criminal proceedings against party that cheated you
Please, can you tell me how to contact you in person?
My mother died in 2002. She has a big house in Adamjee Nagar, Karachi and recently we received an offer for Rs. 35 crores. The house is still in my mother’s name. We are 4 brothers and 4 sisters. All over the age of 60. We all are US citizen and living in USA. Recently my unmarried sister (62 years old) was arrested for selling Alcohol to children in United States so she moved back to Pakistan in my mother’s house. She and my two elder brothers and not agreeing to sell the house. Me, my one brother and three wants to sell the house to get money for my share in inheritance. How can we solve this situation.
@Asif
You all have shares in the house.
In your case ask your other siblings to give you money according to your share and keep the house if they wanted to keep it
I have been asking them to give me the money for my share, but they keep refusing. My elder sister who also wants her share file case (2018) in Sindh High Court but no hearing so far. Please help me.
Asif Bawaney
my father gifted me a house (G+2) in his life in Nov 2013 and he passes away in Feb 2014. While i was residing in subject property with my 2 others brothers. One of them is witness of gift deed registered in sub registrar office in Karachi Pakistan. After 4 years, now both filing a civil suit for cancellation of gift deed against me. I also have possession letter issued by my Co-oprative Housing Society.
@Khalil
You are in possession of house and you have valid gift deed so no need to worry
Sir my father gifted me a house G + 2 story through gift deed in Nov 13 & he passes away in Feb 14. In that house I lived with my two brothers, now both demanding their share in subject property. They claim now this house is inherent, one my brother also withness of subject gift deed
@Khalid
If house is transferred to your name via gift deed then its yours by law
just