Legal lawyer ⚖️ Special expertise in removing aggressive possession of properties

Wrongful possession occurs when an individual illegally occupies an immovable property without the owner’s permission, using force. This act results in the removal of the property from the owner’s possession without their consent.

To better understand, imagine you are the owner of an apartment or land. In this situation, two possibilities can occur: either you are the owner of the property or you are living there as a tenant. Now, imagine that after some time, another person claims ownership or rental rights to your property. This act is called wrongful possession.

These types of cases, along with eviction lawsuits, are among the most important legal disputes brought before the judiciary, and they have led to many cases being opened. Therefore, to prevent and resolve any issues in this area, it is advisable to consult with a real estate lawyer or a specialized legal advisor and entrust the defense of your case to an experienced attorney.

Our legal team at 4kgroup Holding, with the best certified lawyers in Tehran, specializes in wrongful possession cases. We provide expert consultations and the necessary criminal and civil legal strategies to our clients and applicants, ensuring they do not encounter difficulties during the legal and criminal processes related to wrongful possession disputes. You can easily rely on our expertise for a smooth and effective resolution of your case.

You can easily contact the relevant legal expert at 4kgroup through this WhatsApp link, discuss your issues, and confidently entrust your legal cases to us. Furthermore, to help you better understand the topic of wrongful possession, its conditions, and types, we will provide detailed explanations for you.

What do you know about aggressive seizure?

Wrongful possession is an act in which an individual unlawfully occupies or takes control of someone else’s property or assets without the owner’s consent or knowledge. This action violates property laws and is therefore considered illegal.

According to Iranian property laws, anyone who intentionally takes control of another person’s property and occupies it without the owner’s consent is considered to have committed wrongful possession. According to civil law, every owner has the right to possess and benefit from their property, except in cases where the law provides an exception. Additionally, no property can be taken from its owner without a legal ruling.

Wrongful possession is a legal dispute in which a person occupies a property without the consent of the lawful owner. This act is considered a crime, and the perpetrator, in addition to compensating the owner for damages, will also face punishment ⚖️. The punishment for wrongful possession is non-suspendable. If the wrongful possession leads to the destruction or damage of the property, the perpetrator will be sentenced not only for wrongful possession but also for the destruction or damage to the property.

If the subject of the right that is the basis of the dispute relates to the previous possession of the claimant, it is referred to as a possession lawsuit. In this context, whether the claimant has a legitimate right in the case or not is not considered. In fact, ⚖️ the legislator has allowed the previous possessor of the immovable property, from which the property was wrongfully removed, to file a lawsuit without the need for ownership evidence. Therefore, the legislator has prohibited removing properties from the possession of their possessors and provides protection for both possession and possessors.

In other words, if someone has control or possession of a property or right and physically occupies it, the legislator values this practical possession and does not focus on whether the person truly has the right or not. The mere fact that someone possesses a property or right means that the law protects it. Therefore, if someone has been in possession of an immovable property, they can file a wrongful possession lawsuit against anyone who has unlawfully taken control of the property.

Are you aware of the different types of aggressive seizure?

Wrongful possession in legal terms ⚖️ occurs when a person, without any right, forcibly takes control of immovable property such as land or real estate from another individual. In such cases, the affected person can take legal action in court to reclaim the property. According to Article 177 of the Civil Procedure Code, a person who intends to remove their property from the hands of the wrongful possessor can file a lawsuit to be heard outside the regular procedures and without delay.

To remove wrongful possession, the affected individual can initiate either a civil or criminal lawsuit in court. In a civil lawsuit, the court will order the removal of the possession, but the possessor is not penalized unless a specific legal judgment is made. In a criminal lawsuit, the possessor is recognized as a wrongdoer and is subjected to punishment in accordance with the applicable criminal laws of the court.

The conditions that exist for filing a claim of legal aggressive possession are:

• 1. The subject of the dispute must be immovable property such as land or property.
• 2. Seizure must be forced and by force.
• 3. The claimant must have a history of possession, meaning that before the property or land was taken over by the possessor, the claimant must have had residence or control over that location.
• 4. The defendant must not have a history of possession.

Criminal wrongful possession ⚖️ occurs when an individual, knowing that the property or asset belongs to another person, unlawfully takes possession of it. According to relevant laws, this action is recognized as a crime, and the possessor is subject to punishment, including imprisonment and eviction from the property. The necessary conditions for proving criminal wrongful possession are as follows:

• 1. The subject of the dispute must be immovable property such as land or property.
• 2. Seizure must be done by force and by force.
• 3. The individual claiming the wrongful possession lawsuit must have a history of possession, meaning that before the property was taken by the possessor, the claimant must have had residence and control over the property.
• 5. The possessor must not have a history of possession.

The punishment for the wrongful possessor of immovable property, according to Article 690 of the Islamic Penal Code, includes eviction from the property, restoration of the property to its original condition, and imprisonment for a period of one month to one year.

In case of illegal possession of common property, the legal measures are as follows:

If a complaint is submitted to the prosecutor’s office or criminal court, the prosecutor will conduct an initial investigation. If a crime is confirmed, an indictment will be issued. The case will then be forwarded to the criminal court, which will issue the necessary ruling after review. In the case of a wrongful possession claim submitted to the court, the court will set a date for examination, invite both parties to the dispute, and issue the necessary ruling after consideration.

If the dispute is referred to the Dispute Resolution Council, the council will invite both parties to the case and attempt to resolve the issue through reconciliation. If reconciliation efforts fail, the Dispute Resolution Council will forward the case to the court for further proceedings.

Wrongful possession of a joint property is a crime! Wrongful possession of joint property with an intent to seize it is considered one of the crimes against property, as mentioned in the Islamic Penal Code of Iran. Wrongful possession refers to “illegally taking possession of someone else’s property.” If wrongful possession occurs in relation to a joint property, it is also considered a crime.

In this regard, the Supreme Court’s Unification Opinion No. 10, dated 21st of Mehr 1355, explicitly states that: **”The wrongful possession of a partner in joint property has a criminal description, and the joint nature of the property does not prevent the criminal prosecution of the wrongful possessor.”**

Therefore, in a situation where one of the partners in joint property unlawfully deprives another of ownership or enjoyment of the property, they have committed the crime of wrongful possession. In such cases, a criminal complaint can be filed against the wrongdoer.

If you’re looking for a specialized lawyer in real estate disputes in Tehran with the highest success rate, you can click on this link to receive a free legal consultation from the experts at the official team of 4kgroup lawyers.