Wakeelnama
Overseas

Brief for a lawyer: Civil suit for possession

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  1. What this is

    • This brief was made by Wakeelnama Overseas from your answers. It is not legal advice, and no lawyer has reviewed it.
  2. Your answers

    • Who holds or controls the property now? Not answered.
    • What paper do they rely on? Not answered.
    • Where is the property? Not answered.
    • When did you lose possession? Not answered.
    • What do you want? Not answered.
    • Do you live abroad more than 182 days a tax year and hold a Pakistani passport, CNIC, NICOP, POC or OPF card? Not answered.
  3. The route

    • Civil suit for possession
    • You want a civil court to give your property back, and no special court applies to you.
    • You picked this route yourself.
  4. What it rules out

    • If you are an overseas Pakistani and the property is in Islamabad or Punjab, a case with you as a party goes to the special court once one is sitting.
    • The quick suit under section 9 must be filed within six months of being put out.
  5. Steps

    • 1. You: If you are an overseas Pakistani, check first whether an Islamabad special court is sitting. If it is, your case goes there. (s4(3), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read 2026-10-28) Islamabad only.
    • 2. You: If you are an overseas Pakistani, check first whether a Punjab special court is sitting. If it is, your case goes there. (s4(3), Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act 2025, read 2026-10-30) Punjab only.
    • 3. Civil court: If you were put out without your consent and not by legal process, you can sue to get possession back, even if the other side claims title. (s9, Specific Relief Act 1877, read 2026-10-26)
    • 4. Civil court: File that section 9 suit within six months of being put out. (First Schedule, Article 3, Limitation Act 1908, read 2026-10-26) Time: 6 months from the day you were put out. (First Schedule, Article 3).
    • 5. Civil court: After six months, or to settle who owns it, you can still sue for possession as the person entitled to it. (s8, Specific Relief Act 1877, read 2026-10-26)
    • 6. Civil court: A suit for possession after you were put out, or stopped possessing, has twelve years from that date. (First Schedule, Article 142, Limitation Act 1908, read 2026-10-26) Time: 12 years from the day you were put out. (First Schedule, Article 142).
    • 7. Civil court: Find which civil court hears your suit, what the plaint needs, and the court fee. (s8, Specific Relief Act 1877, read 2026-10-26) Not confirmed.
  6. Open points for your lawyer

    • Civil court: These turn on the Code of Civil Procedure and the Court Fees Act, which we have not read. Ask a lawyer.
  7. Papers

    • No list of papers is confirmed for this route.
  8. Fill in before you send

    • Your name
    • Phone or email
    • Property address
    • Khasra, plot or house number
    • District and tehsil
    • Who holds it, by name

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