Legal Definitions and Differences (Part 6): Title, Possession, Mutation, Fard, Registry, Gift, Pre-emption and Property Law Terms

3. Adverse Possession

Under the old law (Article 144, Limitation Act), a person in open, hostile and continuous possession for twelve years could defeat the owner’s suit. In Maqbool Ahmad v. Hakoomat-e-Pakistan (1991), the Shariat Appellate Bench of the Supreme Court held the concept of acquiring title by adverse possession repugnant to the Injunctions of Islam. Long possession may still bear on limitation and equity, but it does not by itself confer ownership.

Part B: Difference Between Mutation and Registry

4. Record of Rights and Jamabandi

The record of rights is the revenue record showing owners, occupants and their shares for each estate. The jamabandi (جمع بندی) is the periodical record of rights, updated by incorporating attested mutations. Entries in it carry a presumption of truth until the contrary is proved, but they remain fiscal records.

5. Mutation (Intiqal)

Dictionary meaning: a change or transfer.

Legal meaning: an entry recording a change in rights (by sale, gift, inheritance or mortgage) in the register of mutations under the Punjab Land Revenue Act, attested by a revenue officer. Courts have consistently held that mutation does not create or extinguish title; it reflects a transaction that must be independently proved. Most recently, in October 2026 a three-member bench of the Supreme Court (Justice Shahid Waheed authoring) held that revenue entries are not documents of title, that their cancellation does not by itself undo a sale deed, and that a party whose title is disputed must seek a declaration, not possession alone.

6. Fard

A fard (فرد) is a certified extract from the jamabandi or other revenue record, showing ownership and share of a particular khewat or khasra. It is needed for registry, mutation, loans and court cases. In Punjab it is issued from the land record centres.

7. Khasra Girdawari

The crop inspection record maintained by the patwari, showing who cultivates each field each harvest. It is evidence of possession and cultivation, not of ownership.

Part C: Transfers

8. Sale and Registry

Legal meaning: under Section 54 TPA, sale is a transfer of ownership in exchange for a price paid or promised. For tangible immovable property worth one hundred rupees or more, sale can be made only by a registered instrument. Registration is compulsory under Section 17 of the Registration Act, and an unregistered document required to be registered does not affect the property (s. 49).

9. Agreement to Sell

10. Gift (Hiba)

Legal meaning: under Muslim law a valid hiba requires three elements: a declaration of gift by the donor, acceptance by the donee, and delivery of possession, actual or constructive. Section 129 TPA saves the rules of Muslim law, so a Muslim’s oral gift can be valid; but in practice gifts are proved through registered deeds or mutations, and courts closely scrutinise gifts that exclude legal heirs, especially daughters.

11. Inheritance (Wirasat)

The devolution of a deceased person’s estate on his legal heirs by operation of law, according to their personal law. It takes effect immediately on death; no heir needs a court order to become an owner of his share, though a mutation or succession certificate is needed to deal with the property. See our guide on transferring property after death.

12. Succession Certificate and Letter of Administration

A succession certificate authorises its holder to collect debts and securities (bank balances, shares, pensions) of the deceased (Succession Act, 1925, s. 372). It is not a declaration of title to immovable property. In Punjab, certificates may now also be obtained through NADRA facilitation centres under the provincial law of 2021. See our succession certificate guide.

13. Will (Wasiyyat)

A declaration of intention about one’s property after death. A Muslim may bequeath up to one-third of his net estate; a bequest beyond one-third, or in favour of an heir, needs the consent of the other heirs after death.

14. Pre-emption (Shufa)

Legal meaning: a right to acquire, in preference to the buyer, immovable property that has been sold, available to a co-sharer, a participator in an appurtenance, or an owner of adjacent property, in that order (Punjab Pre-emption Act, 1991). The pre-emptor must perform two demands under Section 13:

• Talb-i-Muwathibat (طلبِ مواثبت): an immediate demand on first learning of the sale.
• Talb-i-Ishhad (طلبِ اشہاد): a notice of the demand, attested by two truthful witnesses, sent by registered post within 14 days.

In Mian Pir Muhammad v. Faqir Muhammad, PLD 2007 SC 302, the Supreme Court held that the plaint must state the date, place and time of the Talb-i-Muwathibat, and that performance of both talbs is a condition precedent for a decree.

15. Mortgage

A transfer of an interest in specific immovable property to secure a loan (s. 58 TPA). In a simple mortgage, possession stays with the owner; in a usufructuary mortgage, the lender takes possession and income until repayment.

16. Lease and Licence

17. Easement

A right the owner of one land holds over another’s land for the beneficial enjoyment of his own, such as a right of way, light or water flow (s. 4, Easements Act, 1882).

18. Power of Attorney

An instrument authorising a person to act on another’s behalf. A general power covers many acts; a special power covers a specific act. A power of attorney to sell immovable property should be registered, and the attorney cannot benefit himself without the principal’s express consent. See our guide on power of attorney.

Frequently Asked Questions About Property Law Terms

Important Sources

• The Transfer of Property Act, 1882; the Registration Act, 1908; the Punjab Land Revenue Act, 1967; the Punjab Pre-emption Act, 1991.
• Express Tribune, 15 October 2026: SC rules cancelled mutations cannot establish ownership.
• Muhammad Iqbal v. Ali Sher, 2008 SCMR 1682, applying PLD 2007 SC 302.

Conclusion

In property law, the record is not the right, the agreement is not the sale, and the gift is not complete without possession. Learn the difference between title and mutation, registry and iqrarnama, talb and suit, and you will avoid the mistakes that cost families their land. In Part 7 we close the series with constitutional law: fundamental rights, writs and jurisdiction.

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