Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
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Civil and criminal proceedings for unlawful dispossession

Civil and criminal proceedings for unlawful dispossession

unlawful dispossession It arises when a person removes immovable property from the possession of the former possessor without the consent of the former possessor and without legal permission. This issue may be pursued through legal channels or, in the circumstances stipulated by law, through criminal channels.

In a legal disputeunlawful dispossession,, the main focus is usually the pre-possessionclaimant, subsequent possessioncivil defendant and its aggression; unlike action to recover possession based on established ownership (khalʿ-e yad) where ownershipclaimant plays a major role. The choice of legal or criminal path should be made after a careful examination of the evidence.

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What are the civil and criminal forms of unlawful dispossession?

According to Article 158 Iranian Code of Civil Procedure («قانون آیین دادرسی مدنی»),, a unlawful dispossession lawsuit is a claim by a former possessor that another person has removed immovable property from his possession without his consent and wants to restore it. In the criminal process, the realization of a criminal title requires the fulfillment of legal conditions and malicious intent, and the mere dispute over ownership is not sufficient for a criminal conviction.

Statutory basis: Articles 158 to 177 Iranian Code of Civil Procedure («قانون آیین دادرسی مدنی») set out the framework for seizure actions, and Article 690 Islamic Penal Code of Iran («قانون مجازات اسلامی») also covers the criminal aspect in certain cases.

Elements of the civil claim

Pre-possession claimant, The right to occupy civil defendant and the aggression of the occupation are the three main elements. The title deed can be an indication of pre-possession,, but the lawsuit is primarily based on the status of occupation. Testimony, Site inspection, Police report, Pictures and operation documents may be effective.

Civil and criminal proceedings for unlawful dispossession

Usual stages of review and follow-up

Proving prior possession

Documents and evidence of prior possession claimant are collected.

Proving the civil defendant’s subsequent possession

The time and manner of entry civil defendant into the property is examined.

Establishing the unlawfulness of the dispossession

Lack of consent or legal authorization for the new acquisition is indicated.

Issuance and enforcement of the judgment

If the conditions are met,, a decree of removal of possession and restoration of status is issued and executed.

Difference from an action to recover possession based on established ownership (khalʿ-e yad)

In action to recover possession based on established ownership (khalʿ-e yad), claimant relies on its ownership and takes action against the unauthorized occupant; in unlawful dispossession legal, pre-possession claimant and the aggression of the possession civil defendant are of primary importance. Choosing the wrong title may result in the rejection or prolongation of the lawsuit.

Related topics

Iranian property disputes

Return to the comprehensive property-law services page

action to compel execution of an official title deed

Official transfer of property and removal of registration obstacles

action to recover possession based on established ownership (khalʿ-e yad)

Ending unauthorized possession on the basis of established ownership

removal of unlawful occupation, interference, or obstruction of property rights in Iran

Determining the appropriate title in disputes related to seizure.

  • Iranian Code of Civil Procedure («قانون آیین دادرسی دادگاه‌های عمومی و انقلاب در امور مدنی»)

  • Book Five Islamic Penal Code of Iran («قانون مجازات اسلامی») (Penalties and deterrent penalties) approved 1375 with subsequent amendments

  • Iranian Civil Code («قانون مدنی»)

This list, shows the main provisions related to the subject of the page. The governing law and subsequent amendments must be adapted to the time of occurrence, of the subject and the situation of each case.

The official text and latest amendments of the laws are available at National Information Database of Laws and Regulations of the Country is available to view.

Frequently asked questions

claimant must prove its ownership in an acceptable way. In registered properties, official or authentic instrument under Iranian law ownership plays a central role.
action to recover possession based on established ownership (khalʿ-e yad) It is brought against an occupant who is in possession of the property without permission; eviction is usually when the occupation was initially authorized by a contract such as a lease and then continued without permission.
In action to recover possession based on established ownership (khalʿ-e yad), the main focus is on proving ownership; in unlawful dispossession legal,, pre-possession claimant and the right to possess civil defendant and its aggression are important.
Partner seizure in co-owned property has special rules. The possibility of filing a lawsuit and the method of executing the judgment must be examined according to the common share, permission of other partners and the type of seizure.
If the conditions exist, the claim for reasonable compensation for use possession days can be raised together or separately, and usually its assessment requires an expert.
Since the dispute is related to immovable property,, in principle, court the place of occurrence of the property is the competent court; the exact jurisdiction is examined according to the situation and demands of the case.
First, the history of possession, The boundaries of the property and the manner in which the other party entered or occupied it must be examined. Depending on the documents, action to restore possession after unlawful dispossession, action to recover possession based on established ownership (khalʿ-e yad) or a lawsuit interference with possession can be considered.
In unlawful dispossession legal,, prior possession claimant and subsequent hostile possession are important; in action to recover possession based on established ownership (khalʿ-e yad),, proof of ownership claimant plays a central role. Choosing the wrong title of the lawsuit can complicate the process of the case.

Methods of contact

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