Illegal Occupation (Qabza) of Overseas Pakistanis' Property

Illegal Occupation (Qabza) of Overseas Pakistanis' Property

Recover a house or plot in Karachi taken by tenants, caretakers, relatives or land grabbers — from abroad.

Reviewed by Zain ul Abdin Kharal, Advocate High Court · Last reviewed

Key points

  • •Illegal occupation is the most common legal problem overseas Pakistanis face with property at home.
  • •The Illegal Dispossession Act, 2005 lets the owner go directly to the Sessions Judge.
  • •A suit under section 9 of the Specific Relief Act must be filed within six months of dispossession.
  • •Written caretaker and tenancy agreements and utility bills in your name make recovery far easier.

What should I do first when I find out?

  1. 1

    Collect proof

    Title documents, lease or allotment, utility bills in your name, tenancy or caretaker agreements and recent photos.

  2. 2

    Authorise an attorney

    Give a specific power of attorney for the recovery so someone can file and appear for you.

  3. 3

    File the complaint

    We file under the Illegal Dispossession Act, 2005 before the Sessions Judge, and a civil suit for possession and injunction where it helps.

  4. 4

    Lodge a Citizen Portal complaint

    A complaint on the Pakistan Citizen Portal from abroad can push the local administration to act alongside the case.

Which legal remedies are available?

RemedyWhen it fits
Complaint under the Illegal Dispossession Act, 2005Land grabbers or anyone who took possession without lawful authority
Suit under section 9, Specific Relief ActDispossessed without consent within the last six months
Suit for declaration, possession and injunctionTitle is disputed, or more than six months have passed
Eviction before the rent controllerA tenant who stopped paying or refuses to leave

How can I protect an empty property while abroad?

  • •Keep written, registered tenancy agreements and never let a tenant stay on informally
  • •Put caretaker arrangements in writing and avoid giving anyone a general power of attorney
  • •Keep utility bills and property tax in your own name and pay them regularly
  • •Ask someone you trust to visit and photograph the property periodically
  • •Check the land and society record for unexpected transfers every year

Property Qabza Recovery — FAQs

Common questions we are asked

No. The complaint is filed directly before the Sessions Judge.

It is usually a tenancy matter for the rent controller under the Sindh Rented Premises Ordinance, 1979. We advise which route fits your facts.

Yes, through a specific power of attorney. You do not need to be in Karachi for most steps.

Sources

This page is general information, not legal advice for your specific matter. Procedures, fees and court positions change; confirm the current position with us before acting.

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