As you might have heard before, ”A man is within the possession of any land or a thing if he has the whole control over that land or if he has the total authority of apparent control from others.” Certainly, you will have a better idea of possession, it is one of the main aspects of the whole legislation of property. You are not considered an owner of a property until you do not have possession of that particular land. It is a legit fact that a person does not have legal identification until he has all the necessary legal rights. In case of apparent hold, anyone who claims that he is the real possessor of the property must prove their right.
To buy real estate property in Pakistan is considered ownership according to the law when it comes to buying a property since possession of a property is considered as 9/10th of the ownership. Possession of property law in Pakistan is counted as the primary evidence of ownership, therefore protection must be given to the legit possessor of the property.
For Instance:
If a person has an unfavorable possession of your property for more than 12 years, he is considered as the legal and rightful owner of the property, and your power as the original owner of that property is disbanded. The property law of unfavorable possession has been declared as repulsive to the Shariah rules. It is considered a violation of human rights and for backup, the Magistrate holds the superior powers.
For Instance:
In Pakistan, U/S 145 Cr. P.C any Magistrate has the authority to give ownership back to the original possessor, from whom possession is forcibly taken, forcible possession is the main cause of the breach in the peace of public
Types of Possession Laws in Pakistan:
Possession in Pakistan further has two types, meaning we can categorize the details of possession into two main points. Which would determine the future of real estate in Pakistan.
- Possession by Fact.
- Possession by Law.
1. Possession by Fact
Possession by fact means real and legit possessor or physical ownership. In simple words, we can consider that the possession by fact, is the person who has the hold of the property, no matter, whether he is a legal possessor of that property or not. The other aspect that falls in the same category is the person who has control and authority over a certain property. The one who has a real physical connection with the property is the possessor by fact.
For Instance:
If your servant is in the hold of your property or your assets, he is the possessor by the fact of that certain property.
2. Possession by Law
Possession by law is considered as the lawful possessor of the property. In easy words, we can understand it by considering a person who is identified and shielded by the government of Pakistan, as the rightful owner of the property. Law recognizes a person as a possessor and gives him all the authority over that certain property.
For Instance:
If your servant would hold your property for a certain period of time, you will still be the one who has control and custody over that property.
