LHC Orders All Overseas Pakistanis’ Property Cases to Be Heard in Special Courts

The Lahore High Court has ruled that all property-related cases involving overseas Pakistanis will be heard by special courts, widening the scope of those forums beyond simple possession and ownership disputes.

In an important decision, the court set aside the objection previously raised by special courts over hearing such matters and made it clear that their jurisdiction covers all cases linked to the property of overseas Pakistanis.

The court said the authority of special courts is not limited to disputes over possession or title. It clarified that cases involving inheritance, mutation, power of attorney, and both movable and immovable property will also fall under the jurisdiction of special courts.

According to the ruling, the purpose of the Overseas Property Act is to protect the properties of overseas Pakistanis, and all cases covered under that law are meant to be heard by special courts.

The court observed that both civil courts and special courts had wrongly interpreted the law by transferring only limited categories of overseas property cases, creating unnecessary confusion.

The high court said such cases cannot be turned into a legal ping-pong between civil courts and special courts because of faulty interpretation.

It further ruled that if even one of the two parties is an overseas Pakistani, the matter will be heard by the special court. Cases transferred from civil courts will continue from the same stage instead of being filed again from scratch.

The court also made it clear that overseas Pakistanis will not need to refile their cases, as the special court is a dedicated and independent forum for deciding their property disputes.

The Lahore High Court has directed all district and sessions judges to ensure implementation of the ruling. It also ordered the registrar to send a copy of the judgment to all district and sessions judges for compliance.