Owning property in Pakistan is not always simple. Many people face “kabza” – when someone occupies land or a house without a legal right and refuses to leave.
In this guide, we will walk through what kabza is, everyday situations, and practical first steps you can take before and during a legal case.
This article is for general awareness only and is not a substitute for specific legal advice. For personal advice, speak to a qualified property lawyer.
What Is Illegal Possession (Kabza)?
In simple words, illegal possession means someone is using or controlling your property without a lawful right.
In Pakistan, such situations are often handled under:
- Civil law (ownership and possession suits)
- Criminal law (forcible dispossession, threats, fraud)
- Illegal Dispossession Act, 2005, which is designed to protect lawful owners from land grabbers and kabza groups.
If you are the real owner but another person is sitting on your property and refusing to vacate, the law gives you remedies – but you must move carefully and with documents.
Common Situations Where Kabza Happens
Some examples we see regularly:
- A relative or “caretaker” refuses to return a house given for temporary use.
- A tenant stops paying rent and claims ownership.
- A neighbour or kabza group starts using extra land beyond the boundary wall.
- A buyer takes possession of a fake or cancelled agreement.
After a death, one heir occupies the whole property and blocks other heirs.
Even when the story is emotional or family-based, the court will still look at documents and evidence, not feelings.
Documents You Should Gather First
Before filing any case, collect and safely store:
- Title documents (registry, allotment letter, sale deed, Fard, mutation, etc.)
- CNIC copies of you and the person in possession
- Any rent agreement, power of attorney, bayana receipt or sale agreement
Property tax receipts and utility bills in your name
Photos, videos, or site plans showing the property and who is in occupation
Copies of any previous legal notices or complaints
Good documentation will make it easier for your lawyer to decide whether to file a civil case, a complaint under the Illegal Dispossession Act, or both.
First Legal Steps Against Illegal Possession
1. Stay Calm and Avoid Self-Help
Do not try to remove people using force, hired muscle, or threats. This can turn into a criminal case against you and damage your position in court.
2. Consult a Property Lawyer Early
Share all documents and facts with a property and inheritance law specialist.
On your site, you can internally link here to the [[Property & Inheritance Law service page]].
Your lawyer will assess:
- Are you the lawful owner or co-owner?
- Is this mainly a civil dispute between family members, or clear land grabbing?
- Which forum is best – civil court, sessions court under the Illegal Dispossession Act, or both?
3. Send a Legal Notice
In many cases, the first step is a legal notice asking the person in possession to:
- Stop illegal interference
- Vacate the property within a clear time frame.
- Settle any outstanding rent or dues.
A strong, well-drafted notice can sometimes solve the problem without a full case and also becomes evidence later.
4. File a Civil Suit for Possession and Injunction
Where peaceful resolution fails, your lawyer may file:
- A suit for possession, and
- An injunction application to restrain the defendant from selling, transferring, or further damaging the property.
Courts can issue interim stay orders to protect the property while the case is pending.
5. Use the Illegal Dispossession Act, 2005 (Where Applicable)
If land grabbers, kabza groups or other non-owners have dispossessed you, your lawyer may also:
- File a complaint under the Illegal Dispossession Act, 2005, asking the court to:
- Restore possession
- Punish the grabbers with imprisonment and fine.
This route is powerful, but it has specific requirements. The court checks:
- Whether you are a lawful owner/occupier
- Whether dispossession is illegal, not just a family dispute about shares
So legal advice is essential.
6. Approach Police or Revenue Authorities (Where Needed)
In some cases, you may also need to:
- Register a criminal complaint / FIR (e.g., for trespass, threats or forgery), or
Approach the revenue authorities for the correction of land records or mutations.
Common Mistakes to Avoid
- Signing blank papers or new agreements under pressure
- Handing over the original registry or Fard to the other side
- Accepting cash “adjustments” without a proper written settlement
- Waiting for many years before taking any legal step
Delay and careless paperwork often benefit the person in possession, not the real owner.
When Should You Contact a Lawyer?
You should speak to a property lawyer if:
- Someone is refusing to vacate your house or plot
- You hear that kabza groups are trying to occupy your land.
- A relative is locking the whole property and stopping other heirs from entry.
- You received a suspicious notice or forged document.
On this page, you can link to:
- [[Criminal Defence – Land Grabbing & Fraud section]]
- [[Contact page]] – to book a consultation
- [[About the Firm]] – to reinforce credibility
FAQs on Kabza and Illegal Possession in Pakistan
Q1. Can I break the lock and take back my own house?
Generally, no. Self-help can create criminal complications. Always discuss the facts with a lawyer first.
Q2. How long does a kabza case take?
It depends on the court, evidence, and case type. Some matters settle early after notice; others may take years.
Q3. Is there any time limit to file a case?
Limitation periods can apply to specific civil claims. Do not wait unnecessarily – early action usually strengthens your position.Q4. What if the kabza is by an own family member?
It may still be an illegal dispossession, but courts treat intra-family disputes carefully. Your lawyer will guide whether a civil suit, partition suit or other remedy is better.
