Lahore High Court Orders All Overseas Property Cases to Be Heard in Special Courts
Lahore: The Lahore High Court has issued a significant ruling directing that all cases related to properties owned by overseas Pakistanis will now be heard in special courts.
According to the court’s decision, all disputes concerning the properties of overseas Pakistanis must be transferred to and adjudicated by special courts. The court also declared invalid the objection that special courts were not hearing such cases.
The judgment clarified that the jurisdiction of special courts is not limited only to possession or ownership disputes but extends to all matters related to overseas Pakistanis’ properties.
These include inheritance cases, property transfers, powers of attorney, as well as disputes involving both movable and immovable assets.
The court stated that the purpose of the Overseas Pakistanis Property Act is to protect the property rights of overseas citizens, and therefore such cases must be handled exclusively by special courts.
It further observed that both civil and special courts had previously misinterpreted the law by limiting transfers only to certain categories of property disputes, adding that cases cannot be left in procedural uncertainty between courts.
The court ruled that if even one party in a case is an overseas Pakistani, the matter will fall under the jurisdiction of special courts. Cases transferred from civil courts will continue from the same stage in special courts without restarting proceedings.
The Lahore High Court has directed all district and sessions judges to ensure strict implementation of the ruling and ordered that copies of the judgment be circulated to all relevant judicial officers.
