Clarification on Adverse Possession Claim for 3 Marla Property

Dear ,

Thank you for reaching out and sharing the details of your property matter. Based on the facts you’ve outlined, including continuous, open, and undisputed possession of the 3 Marla plot for over 25 years and the existence of a stamped sale agreement, there are two possible legal avenues to consider:

Declaratory and Possession Suit:
You may file a civil suit seeking a declaration of ownership and confirmation of possession based on the original sale agreement and long-standing occupation. The court may recognize your rights over the property, particularly if you can demonstrate that the transaction was bona fide and possession was lawfully obtained.

Adverse Possession (Limitation Act):
Alternatively, given the uninterrupted possession exceeding 12 years without any challenge from the original owner, a claim may also be made under the doctrine of adverse possession. However, this route is typically invoked when possession is initially without a formal title or agreement. Since your family entered possession through a documented sale, the declaratory route is generally stronger and more appropriate in your case.

To proceed effectively, we would require copies of the sale agreement, any proof of payment, and supporting evidence of long-term possession (e.g., utility bills, property tax receipts, photographs, or witness statements). After reviewing these, we can determine the most suitable legal remedy and prepare the necessary pleadings.

Please let us know a convenient time for a brief consultation to review the documents and outline the next steps.

Dear ,

Thank you for reaching out and sharing the details of your property matter. Based on the facts you’ve outlined, including continuous, open, and undisputed possession of the 3 Marla plot for over 25 years and the existence of a stamped sale agreement, there are two possible legal avenues to consider:

Declaratory and Possession Suit:
You may file a civil suit seeking a declaration of ownership and confirmation of possession based on the original sale agreement and long-standing occupation. The court may recognize your rights over the property, particularly if you can demonstrate that the transaction was bona fide and possession was lawfully obtained.

Adverse Possession (Limitation Act):
Alternatively, given the uninterrupted possession exceeding 12 years without any challenge from the original owner, a claim may also be made under the doctrine of adverse possession. However, this route is typically invoked when possession is initially without a formal title or agreement. Since your family entered possession through a documented sale, the declaratory route is generally stronger and more appropriate in your case.

To proceed effectively, we would require copies of the sale agreement, any proof of payment, and supporting evidence of long-term possession (e.g., utility bills, property tax receipts, photographs, or witness statements). After reviewing these, we can determine the most suitable legal remedy and prepare the necessary pleadings.

Please let us know a convenient time for a brief consultation to review the documents and outline the next steps.

Dear Sir,

Thank you for reaching out and entrusting me with your legal query regarding your 3 Marla plot. I understand the difficult situation you are in, and I will provide you with guidance on the best legal course of action.

Legal Analysis of Your Case
Adverse Possession

You have asked whether you can pursue a claim of "adverse possession" given your family's uninterrupted possession of the property for over 25 years. While adverse possession does allow for a person to claim ownership of a property after a certain period of continuous, open, and hostile possession, it is important to note that the law on this has evolved in Pakistan. The concept of acquiring ownership through adverse possession has been deemed un-Islamic and is no longer a viable legal remedy in Pakistan. Therefore, pursuing a claim based on adverse possession is unlikely to be successful.

Specific Performance of Contract

A more suitable legal remedy in your situation is a "suit for specific performance" of the contract. This is a legal action to compel the seller (or their successors) to fulfill their obligations under the original agreement and execute the official sale deed in your name. The stamped agreement your father executed is a valid and enforceable contract that can be the basis for such a suit.

Strengths of Your Case
You have a strong case for the following reasons:

- Valid Agreement: You possess the original stamped agreement, which serves as a valid and enforceable contract.
- Fulfilled Obligation: Your father fulfilled his part of the agreement by paying the agreed amount for the 3 Marla plot.
- Continuous Possession: Your family's continuous and undisputed possession of the plot for over 25 years, along with the construction of a garage, provides strong evidence of your ownership and intent.

Potential Challenges
The primary challenge in a suit for specific performance is the statute of limitations, which is typically three years from the date of the agreement. However, a competent lawyer can argue that the cause of action (the reason for filing the suit) arose when the seller recently refused to execute the registry, not 25 years ago.

Recommended Course of Action
Gather all relevant documents: This includes the original stamped agreement, any receipts or proof of payment, and any evidence of your family's continuous possession, such as utility bills, property tax receipts, and photographs of the garage.

File a suit for specific performance: Your lawyer will help you file a suit for specific performance to compel the seller or their legal heirs to execute the sale deed in your name.

Further Assistance
I hope this initial guidance is helpful. Should you require more detailed and personalized legal advice, I would be happy to offer you a consultation via WhatsApp for a reasonable fee. Please feel free to contact me to discuss this further.

Sincerely,