The Lahore High Court has issued an important ruling regarding the protection of overseas Pakistanis’ properties, declaring that all property-related cases involving overseas Pakistanis will now be heard in special courts.
In its decision, the court rejected objections raised by special courts refusing to hear overseas property disputes. The Lahore High Court stated that under the law, special courts are the appropriate and authorized forums for handling such cases.
The court clarified that the jurisdiction of special courts is not limited to disputes over possession or ownership. Instead, all matters related to overseas Pakistanis’ properties fall within the authority of these courts.
According to the ruling, cases involving inheritance, property transfers, power of attorney, movable assets, and immovable properties will also be heard in special courts. The court emphasized that the Overseas Property Act was enacted specifically to protect the properties of Pakistanis living abroad.
The judgment noted that both civil courts and special courts had previously misinterpreted the law by transferring only selected property cases, creating unnecessary legal complications. The court stated that cases should not become a “ping-pong” between different judicial forums.
The Lahore High Court further ruled that if even one party in a dispute is an overseas Pakistani, the case must be heard by a special court. Cases transferred from civil courts will continue from the same procedural stage without restarting proceedings.
The court also clarified that overseas Pakistanis will not need to refile their cases because special courts serve as independent and exclusive forums for overseas property disputes.
Finally, the Lahore High Court directed all district and session judges to ensure implementation of the ruling and instructed the registrar to circulate copies of the judgment to all relevant courts.
