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Possession of Property Law in Pakistan

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Possession of property is a fundamental right in Pakistan, but it is also a complex area of law. According to the law, if you buy a real estate property, that is considered ownership; other than that, if you buy a property since you are in possession of it, that is considered 9/10 of the ownership. To understand what rights you have when it comes to property possession, you need to know everything about the law. So, in this blog post, I’m going to take an in-depth look at the possession of property law in Pakistan. 

Introduction to Possession of Property Law in Pakistan

Possession means physical control over a thing. The ownership, control, and tenancy of land are called possession of the property.  If someone has been in unlawful possession of your property for more than 12 years, they are considered the legal owner of the property. According to the law, unfavorable possession has been declared repellent to shariah rule. If you don’t have possession, you will not be considered the owner of the property. 

The Constitution recognizes the right to property as a fundamental right and provides that no person shall be deprived of property except by authority of law. The law of possession of property also encompasses a wide range of issues, such as property disputes, property registration, property taxes, and eviction proceedings. The courts in Pakistan have the power to hear and decide disputes related to possession of property, including those between landlords and tenants, disputes between co-owners, and disputes between the government and private property owners.

Pakistan has a common law system, which means that court decisions and judicial precedents also play an important role in interpreting the laws related to possession of property.

What is the law of possession of the property in Pakistan

In Pakistan, the law of possession of property is governed by a combination of the Constitution of Pakistan, various statutes, and common law principles. The Constitution of Pakistan recognizes the right to property as a fundamental right and provides that no person shall be deprived of property except by authority of law.

Pakistan also has a common law system, which means that court decisions and judicial precedents also play an important role in interpreting the laws related to possession of property. In addition, the court has the power to hear and decide disputes related to possession of property, including those between landlords and tenants, disputes between co-owners, and disputes between the government and private property owners.

Possession of property is a fundamental right

Possession of property law in Pakistan

Possession of property is considered a fundamental right in many legal systems around the world and is protected by laws and constitutional provisions. This right is often rooted in the concept of private property, which is the ability of individuals and entities to own and control land, buildings, and other tangible and intangible assets. The right to own property is often seen as the foundation of personal freedom and economic freedom.

Types of Possession Laws in Pakistan

Possession in Pakistan has been categorized into two types. We will describe the possession law in detail. 

Possession by fact

The real and legit processor is considere a possession by fact. Other than that possession by fact means that the person who holds the property, no matter he is a legal prosser of this property or not. By definition, the possessor is the person who has a real physical connection to the property.

Possession by law

The lawful possession of the property is known as possession by law. Other than that, we can say that a person who is identified by the government of Pakistan is the owner of the property. The law recognizes a person as a possessor and grants him complete authority over that particular property.

Rights of possession

Rights of possession can be acquired through various means, such as purchase, lease, inheritance, or adverse possession. It’s important to note that the right of possession is distinct from the right of ownership, which refers to the legal right to own a piece of property.

The right of possession refers to the legal right to occupy or control a specific piece of property. In general, a person who has the right of possession has the right to exclude others from the property and to use it for their own purposes, subject to any limitations imposed by law or contract. 

There are several different types of possession rights, including:

Actual possession:

This refers to the physical occupation or control of a piece of property. A person who is in actual possession of a piece of property has the right to exclude others from the property and use it for their own purposes.

Constructive possession:

This refers to the right to possession of a piece of property that is not currently occupied but is expected to be occupied in the future. Examples include a tenant who has signed a lease but has not yet moved into a rental property or a buyer who has entered into a contract to purchase a property but has not yet closed the sale.

Legal possession:

This refers to the right to possession of a piece of property that is recognized by law, regardless of whether the person is actually in possession of the property. Examples include a landlord who has the right to possession of a rental property even if the tenant is currently in possession.

What is the difference between ownership and possession in Pakistan?

Ownership

  1. The relationship between property and a person is called ownership.
  2. Legal concept

Possession

  1. An owner has authority over property to prevent other people from using or controlling the property which is called possession.  
  2. Factual concept 

FAQs About Possession of Property Law in Pakistan

1. Can there be ownership without possession?

Yes, it is possible for there to be ownership of a property without possession. Ownership refers to the legal right to control and use a property, while possession refers to the physical occupation or control of a property.

2. Is possession evidence of ownership of property?

Possession of a property can be evidence of ownership, but it is not conclusive evidence. Possession refers to the physical occupation or control of a property, while ownership refers to the legal right to control and use a property.

3. How is ownership different from possession?

Ownership entails absolute rights and a legal claim to an object. It means that the owner owns the object. Possession is more about having physical control over an object. Except for the owner, the possessor has a stronger claim to the object’s title.

Conclusion

In the above blog post, we have explained possession of property law in detail. We hope you will get all the information you need about possession of property from this article.

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