The Lahore High Court has issued a major ruling that broadens the powers of special property courts established for overseas Pakistanis. According to the latest judgement, these courts can now hear a wider range of immovable property disputes, including inheritance matters, partition cases, contract disputes, cancellation of transactions, and other related property issues.
The decision was announced in a judgement authored by Justice Anwaar Hussain while hearing multiple petitions related to the Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act, 2025.
Previously, several special courts had refused to hear cases involving inheritance, specific performance, and cancellation of powers of attorney, claiming such matters were outside their jurisdiction. Those cases were transferred back to civil courts, creating confusion and delays for overseas Pakistanis seeking justice in property matters.
In one petition, an overseas Pakistani living in Kuwait challenged the transfer of his property dispute involving a housing society in Lahore to a civil court. Another petitioner questioned the rejection of a case related to the cancellation of a general power of attorney.
Justice Anwaar Hussain ruled that the law should not be interpreted narrowly. The court clarified that phrases such as “matters connected therewith” and “incidental thereto” have broad legal meaning and cover all disputes linked to immovable property involving overseas Pakistanis.
The judgement further stated that once a property dispute involves an overseas Pakistani, the special courts have exclusive jurisdiction over all connected matters. This includes disputes related to inheritance, partition, contracts, ownership, possession, and transaction validity.
The court also directed that all pending cases involving overseas Pakistanis and immovable property must be transferred to special courts under Section 13 of the Act. Cases will continue from their current stage to avoid unnecessary retrials and delays.
This important ruling is expected to strengthen legal protection for overseas Pakistanis and improve consistency in property-related decisions across Punjab.
