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Illegal Possession of Property in Pakistan (Qabza): Legal Remedies

Illegal possession of property in Pakistan — commonly called qabza — is among the most common and most distressing property problems owners face. The law gives you more than one route to recover your property and to punish the grabber, but some of those remedies are strictly time-limited, so acting quickly matters.

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In Short

If your property has been illegally occupied, you have three routes: a civil suit for possession; the summary remedy under Section 9 of the Specific Relief Act (recover possession within six months of dispossession, without even proving title); and a criminal complaint under the Illegal Dispossession Act 2005 against the grabber. They can be pursued together — and speed is critical because the six-month remedy expires.

The Problem

What Counts as Illegal Possession of Property in Pakistan?

Illegal possession — qabza — is the occupation or control of immovable property without lawful authority and against the will of its true owner or lawful occupier. It takes many forms: a land grabber taking over a vacant plot; a tenant refusing to vacate and denying the owner's title; a relative or partner holding on to property they have no right to keep; or a fraudulent buyer occupying on forged documents.

What matters legally is that the occupier has no lawful right to possession and the rightful owner has been kept out. The remedy you choose depends on how the dispossession happened and how long ago.

The Anti-Qabza Law: Illegal Dispossession Act 2005

Pakistan has a dedicated criminal law aimed squarely at property grabbers — the Illegal Dispossession Act 2005. It makes it an offence to enter upon and dispossess, grab, or occupy property without lawful authority, punishable with imprisonment of up to ten years and a fine, and the victim is also entitled to compensation. A complaint is filed before the Court of Session, which can direct the police to investigate and, at any stage, order the arrest of the accused. Note that courts apply this Act to genuine land grabbers / qabza groups — not to bona fide civil disputes where both sides have an arguable claim, which belong in the civil courts.

Civil Routes

Recovering Possession Through the Civil Courts

Alongside (or instead of) the criminal route, the civil courts offer the core remedies:

• Suit for possession — based on your ownership/title, to have the occupier removed and possession restored.
• Section 9, Specific Relief Act 1877 — a fast, possession-based remedy: if you were dispossessed without your consent and otherwise than by due course of law, you can sue to recover possession within six months, and the court restores possession without you having to prove title. After six months, this specific remedy is gone and you fall back on a title-based suit.
• Injunction — to stop further construction, transfer, or interference while the matter is decided; see stay orders and injunctions.

Why Speed Decides Which Remedy You Get

The six-month window under Section 9 of the Specific Relief Act is the single most important deadline in a qabza case. Within it, you have a quick, powerful remedy that ignores the grabber's claimed title and simply restores your possession. Miss it, and you are left with a full title suit — slower, heavier, and requiring you to prove ownership. The lesson is simple: the moment you are dispossessed, get advice and move.

What to Do

Steps to Take If Your Property Is Grabbed

Step 01

Act immediately

Do not delay — the six-month Section 9 remedy and evidence both fade with time. Get legal advice at once.

Step 02

Preserve evidence

Gather your title documents, proof of prior possession, photographs, and details of the occupier and how the dispossession happened.

Step 03

Choose the routes

We assess whether to file the Section 9 summary suit, a possession/title suit, an Illegal Dispossession Act complaint, or a combination.

Step 04

Secure the position

Where construction or a further transfer is threatened, we seek an urgent injunction to freeze the position.

Step 05

Pursue recovery

We litigate the matter to restore your possession and, under the 2005 Act, to hold the grabber criminally accountable.

From Abroad

If You're an Overseas Owner

Overseas Pakistanis are the most frequent targets of qabza precisely because they are away and cannot respond quickly. You do not have to. Through a Power of Attorney we act for you on the ground in Karachi — filing the suits and the complaint and pursuing recovery — while you stay abroad. See property disputes for overseas Pakistanis for how the remote process works.

Common Questions

Frequently Asked Questions

Property occupied illegally? Act fast — some remedies are time-barred. Message us now.

Ask a Question

What is illegal possession (qabza) of property in Pakistan?

It is the occupation or control of immovable property without lawful authority and against the will of its true owner or lawful occupier — whether by a land grabber, a tenant refusing to vacate, a relative holding property wrongfully, or a fraudulent occupier. The law provides both civil and criminal remedies to recover the property.

What is the Illegal Dispossession Act 2005?

It is a criminal law aimed at property grabbers. It makes it an offence to enter upon and dispossess, grab, or occupy property without lawful authority, punishable with up to ten years' imprisonment and a fine, with compensation to the victim. A complaint is filed before the Court of Session. Courts apply it to genuine land grabbers rather than to bona fide civil disputes.

How can I recover possession within six months of dispossession?

Section 9 of the Specific Relief Act 1877 gives a summary remedy: if you were dispossessed without your consent and otherwise than by due course of law, you can sue to recover possession within six months, and the court restores possession without you having to prove title. After six months this specific remedy is lost and a title-based suit is required.

Should I file a civil case, a criminal case, or both?

It depends on the facts. Genuine land grabbing fits the criminal Illegal Dispossession Act 2005, while recovery of possession is pursued through the civil courts — the Section 9 summary suit if within six months, otherwise a possession/title suit, often with an injunction. The routes can be combined, which we assess for your situation.

How quickly do I need to act against qabza?

As quickly as possible. The powerful six-month Section 9 remedy expires, evidence fades, and a grabber may construct or transfer to complicate recovery. Getting advice and moving immediately preserves your strongest options.

Can I deal with illegal possession of my property while living abroad?

Yes. Overseas owners are common qabza targets, but through a Power of Attorney we act for you in Karachi — filing the suits and the complaint and pursuing recovery — without you needing to travel back.

Written & reviewed by

Abdul Shakoor — Advocate of the High Court

Practising in the courts of Karachi since 2013 through GNS Law Associates, across property, inheritance, family and criminal matters. Sindh Bar Council enrolment ADVO-15164-SBC-KHI. Read full profile →

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Some remedies against illegal possession are time-barred, so speed matters. Tell us what has happened and we will move to protect and recover your property.

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