Back to your answers

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

   • Illegal dispossession complaint
   • Someone entered your property to take, control or occupy it without lawful authority.
   • You picked this route yourself.

4. What it rules out

   • This is a criminal complaint in the Court of Session. It does not replace a civil suit over title.
   • If the court finds your complaint false, frivolous or vexatious, it can make you pay the other side up to five hundred thousand rupees.
   • The Act is aimed at property grabbers. It does not settle whether it covers someone who first came in with your permission.

5. Steps

   • 1. You: Check your facts fit: someone entered your property to take, control or occupy it, without any lawful authority. (s3(1), Illegal Dispossession Act 2005, read 2026-10-28)
   • 2. You: If the person first came in with your permission, such as a relative, tenant or agent, ask a lawyer before you file. (Preamble, Illegal Dispossession Act 2005, read 2026-10-28) Not confirmed.
   • 3. Court of Session: File a complaint in the Court of Session. (s4(1), Illegal Dispossession Act 2005, read 2026-10-28)
   • 4. Court of Session: File in the Court of Session for the district where the property is, since that is where the grabbing took place. What the complaint should say and which papers go with it is for your lawyer to draft. (s177, Code of Criminal Procedure 1898, read 2026-11-13)
   • 5. Police, on the court's order: The court may send the complaint to the police to investigate and report back within fifteen days. (s5(1), Illegal Dispossession Act 2005, read 2026-10-28) Time: Police report within 15 days, unless the court extends it. (s5(1)).
   • 6. Court of Session: Once the court takes up the case, it hears it day to day and must decide within sixty days, or record why not. (s5(2), Illegal Dispossession Act 2005, read 2026-10-28) Time: Decision within 60 days, or reasons for the delay. (s5(2)).
   • 7. Court of Session: During trial, if the person seems not to be in lawful possession, the court must order them to put you back in possession for now. (s7(1), Illegal Dispossession Act 2005, read 2026-10-28)
   • 8. Court of Session: At the end of trial, the court can order the property given back to you. (s8(1), Illegal Dispossession Act 2005, read 2026-10-28)
   • 9. Court of Session: Find out whether you must attend in person, or can act through a lawyer or attorney while abroad. (s9, Illegal Dispossession Act 2005, read 2026-10-28) Not confirmed.
   • 10. High Court: An order on the offence or on giving back the property can be appealed to the High Court within thirty days. (s8A, Illegal Dispossession Act 2005, read 2026-10-28) Time: 30 days to appeal. (s8A).
   • 11. You: Make sure your complaint is true. A false, frivolous or vexatious complaint can cost you up to five hundred thousand rupees. (s5(4), Illegal Dispossession Act 2005, read 2026-10-28)

6. Open points for your lawyer

   • You: The Act is aimed at property grabbers. It does not say whether it covers someone who came in with your permission and stayed on. Ask a lawyer.
   • Court of Session: The Code says a court taking a complaint examines the complainant on oath (s200, written for a Magistrate). We found no text on whether a complainant abroad can be examined through an attorney or by video link. Ask a lawyer.
   • If the court finds the complaint false, it can order you to pay the other side up to Rs 500,000.

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