In a landmark decision, the Lahore High Court has clarified that special property courts established for overseas Pakistanis can hear a much wider range of disputes than previously understood.
The ruling, delivered by Justice Anwaar Hussain, strengthens the role of special tribunals formed under the Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act, 2025. The judgment is expected to provide faster and more effective legal relief to Pakistanis living abroad who often struggle with property-related conflicts back home.
Special Courts Given Broader Authority
The court ruled that these tribunals are not limited to handling simple ownership or possession cases. Instead, they can also decide disputes connected to:
- inheritance and succession,
- partition of property,
- property agreements and contracts,
- specific performance cases,
- cancellation of property transactions,
- powers of attorney,
- and other related matters involving immovable property.
This interpretation significantly widens the scope of the special courts and reduces the need for overseas Pakistanis to approach multiple civil courts for related disputes.
Background of the Case
The ruling came after several overseas Pakistanis challenged decisions by special courts that had refused to hear their cases.
In many instances, tribunals argued that matters such as inheritance claims, contractual disagreements, or cancellation of transactions fell under the jurisdiction of regular civil courts instead of overseas Pakistanis’ property courts.
One overseas Pakistani living in Kuwait approached the court after a special tribunal declined to hear his dispute involving a housing society in Lahore. The case related to declaration and enforcement of a property agreement.
Another petitioner challenged a tribunal’s refusal to hear a matter concerning the cancellation of a general power of attorney.
Court Rejects Narrow Interpretation
Justice Hussain observed that lower courts had interpreted the law too narrowly and failed to understand the broader purpose behind the legislation.
The judgment emphasized that phrases used in the Act, including “matters connected therewith” and “incidental thereto,” should be read in a broad and practical manner. According to the court, the law was designed to cover all major disputes connected to immovable property involving overseas Pakistanis.
The High Court concluded that restricting these tribunals to only ownership or possession cases would defeat the purpose of creating a specialized legal forum.
Transfer of Pending Cases Ordered
The court also directed that all ongoing cases involving overseas Pakistanis and immovable property should be shifted to the designated special courts under Section 13 of the Act.
Importantly, the judgment stated that transferred cases must continue from their existing stage instead of starting from scratch. This step is likely to save time, reduce legal costs, and prevent unnecessary delays for litigants.
A Major Relief for Overseas Pakistanis
Property disputes remain one of the biggest concerns for overseas Pakistanis, many of whom face fraud, illegal occupation, inheritance conflicts, and unauthorized transactions while living abroad.
Legal experts believe the ruling will improve confidence among overseas Pakistanis who invest in property in Punjab and other parts of the country. By strengthening the authority of special tribunals, the decision could help speed up dispute resolution and make the legal process more accessible for Pakistanis living overseas.
The judgment also reinforces the government’s broader effort to provide stronger legal protection to overseas citizens and encourage continued investment in Pakistan’s real estate sector.