The property has remained in continuous, open and peaceful possession of my family for over 30 years. Property taxes are paid regularly, mostly in the name of my business operating on the property. Some older records are in the name of my cousins late father (deceased 2020), after which possession continued uninterrupted through legal heirs.
Utility connections are not all in their personal names but of the lady back from 1965 because no one ever changed them
The person from whom possession was originally obtained was not the recorded owner, and there is no registered title document in their favor. The only historical ownership record available dates back to around 1960 of a lady who was the true owner back then and who has passed away long time back with no clear updates thereafter. No objections or claims have been raised during the period of possession.
I would appreciate guidance on whether such facts could support a declaratory and/or adverse possession suit, particularly if unopposed, and how courts generally view possession through business entities and legal heirs.
Lawyer Answers
Ascendance International Consulting (A-I-C)
Thank you for your detailed inquiry. On the facts described, there appears to be a reasonable basis to explore a civil suit for declaration coupled with a claim of adverse possession under Pakistani law. Courts generally look for continuous, open, peaceful, and hostile possession for the statutory period (typically 12 years against a private owner), and long, uninterrupted possession exceeding 30 years, coupled with payment of property taxes and absence of objections, is often considered strong supporting evidence. The absence of a registered title in favor of the person from whom possession was originally derived does not automatically defeat an adverse possession claim, particularly where the true owner (or their successors) has failed to assert rights for decades.
Pakistani courts have also recognized that possession through family members, legal heirs, or even business entities operating on the property may still satisfy continuity of possession, provided the occupation is traceable, consistent, and uninterrupted. Utility connections and older records in the name of previous occupants or deceased persons are common in older properties and are usually assessed cumulatively with other evidence rather than in isolation. If the historical true owner passed away long ago and no competing claims have surfaced, an unopposed declaratory suit supported by revenue records, tax receipts, witness testimony, and possession evidence may be viable. A detailed review of documents and local revenue records would be essential before determining the most appropriate relief to seek.
Sincerely,
Ascendance International Consulting
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