Contact: Adv. Mujahid Gul – 0315-2345162
M.A Law Associate is a leading law firm specializing in property law in Pakistan. Property law governs various forms of ownership of real property (land) and personal property, including rights and obligations over them. In civil law systems, there is a distinction between movable (personal property) and immovable property (real estate), while in common law, similar distinctions apply with historical significance.
Contents
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Property Rights and Contractual Rights
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Property Rights and Personal Rights
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Classification of Property
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Possession
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Transfer of Property
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Priority
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Lease
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Law of Possession
Property Rights and Contractual Rights
Property rights are enforceable against all persons, while contractual rights are enforceable against specific individuals. Sometimes property rights arise from contracts, e.g., in the sale of land, where both contractual damages and property rights exist simultaneously. Minor rights such as licenses created by contract do not create property interests.
Property Rights and Personal Rights
Property rights differ from personal rights. Historically, marginalized groups were denied ownership rights, highlighting the importance of legal recognition of property rights for all.
Classification
Property law distinguishes between real property (land) and personal property. Though historical differences in devolution of property exist, the distinction remains fundamental due to differences in mobility, legislation, and governance.
Possession
Possession is a key concept in property law, giving protection to the possessor against interference unless a superior right is proven.
Transfer of Property
Property can be acquired through:
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Consensual transactions like sale or gift
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Dispositions by will
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Trusts
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Involuntary transfers like intestacy, bankruptcy, or court judgments
Disputes over conflicting interests are resolved by the courts according to priority rules. Under Indian property law principles, “Transfer of property” includes acts by living persons or entities to transfer property in present or future.
Lease
Leases historically served agricultural and urban needs. Modern law in Pakistan protects tenants and recognizes residential leases under principles of fairness and consumer protection.
Law of Possession
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Intention to Possess: Requires control and intent to possess property.
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Importance of Possession: Possession itself can be evidence of ownership and is protected under law.
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Obtaining Possession: Requires both control and intention; can be acquired by lawful or consensual acts, or by seizure of property.
Possessors enjoy judicial protection even if they are not the legal owners, provided possession is bona fide and regular.
Our Expertise
At M.A Law Associate, we are leading property lawyers in Pakistan, offering complete legal consultancy for:
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Property Sale
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Property Transfer
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Tenancy Issues
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Real Estate Disputes
We also provide related legal services including:
Contact M.A Law Associate Today
📞 Adv. Mujahid Gul – 0315-2345162
Get expert legal advice and representation in all property law matters in Pakistan.