Wrongful Possession
2024-08-27
A wrongful possession (tasarrof-e odvani) claim is the former possessor's allegation that another person, without their consent, has removed an immovable property from their possession, and they request restoration of their possession of that property. Put simply: someone takes possession, by force and without the owner's consent, of land or property from a person who has a contractual right over it (such as a tenant).
Types of wrongful possession claims
Civil wrongful possession
The legislature defines civil wrongful possession in Article 158 of the Code of Civil Procedure: "A civil wrongful possession claim is the former possessor's allegation that another person, without their consent, has removed an immovable property from their possession, and they request restoration of their possession of that property." Under this definition, the property in question must be immovable (i.e., not transferable in the way movable property is, such as a residence).
Criminal wrongful possession
Criminal wrongful possession means taking possession of property belonging to another person, while knowing it belongs to someone else. Legally, criminal wrongful possession is considered a crime, and if proven, the person is sentenced to one month to one year of imprisonment. This type of possession applies to immovable property. In a criminal wrongful possession case, the person must prove their ownership of the immovable property.
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