Property Dispute FAQs: Pakistan
Someone has encroached on my land. What can I do?
You have two main options. First, file a suit under Section 9 of the Specific Relief Act within 6 months of dispossession — this is the fastest route as you only need to prove previous possession, not ownership. Second, file a regular civil suit for declaration and possession with an application for temporary injunction.
What is the difference between Registry and Intiqal?
Registry (registration) is the process of registering a sale deed at the Sub-Registrar's office and actually transfers ownership. Intiqal (mutation) is the update of the revenue record (patwari record) to reflect the new owner. Both are separate processes and both are necessary.
How long does a property case take in court?
Civil property cases in Pakistan typically take 2 to 5 years at the trial court level. Appeals to the High Court add another 1 to 3 years. Execution of the decree can take additional time. Staying orders and adjournments are the main causes of delay.
Can a woman inherit property in Pakistan?
Yes, absolutely. Under Islamic law and Pakistani law, women have a clear right to inherit property. Denying a woman her inheritance share is illegal. If your share is being denied, you can file a suit for declaration and partition in the Civil Court.
What is adverse possession?
If someone possesses immovable property continuously for 12 years without the owner taking legal action, the possessor may acquire ownership rights by adverse possession. This is why it is critical to act quickly if someone encroaches on your property.
I am overseas. Can I fight a property case from abroad?
Yes. You can appoint a lawyer in Pakistan through a Power of Attorney and the case can proceed without your physical presence. You may need to appear for some hearings via video link or through your attorney.
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