LAHORE: In a landmark decision aimed at protecting the rights of expatriates, the Lahore High Court (LHC) has ruled that all cases concerning the properties of overseas Pakistanis will be heard exclusively by special courts constituted under the Overseas Pakistanis Property Act, and not by ordinary civil courts.
The court, while deciding a petition on jurisdiction, declared null and void an earlier ruling that had permitted specific property cases of overseas Pakistanis to be heard by special courts on a case-by-case basis. It held that the law mandates a blanket transfer of jurisdiction.
The judgment clarified that if even one of the two parties in a dispute is an overseas Pakistani, the case will fall under the domain of the Special Court. Cases already pending in civil courts will be transferred and conducted from the same stage, with no requirement to file them afresh, the court said.
According to the detailed order, the Special Court will adjudicate all disputes pertaining to the movable and immovable properties of overseas Pakistanis. This includes matters of inheritance, partition, transfer, and those involving powers of attorney. However, the court specified that only those overseas cases that do not relate to immovable property will remain outside the purview of the Special Court.
The bench described the Special Court as a “special and independent forum” established solely for the property cases of overseas Pakistanis. It observed that the purpose of the law is to provide prompt and effective justice to expatriates, noting that proceedings in civil courts often led to inordinate delays, leaving them vulnerable to illegal occupation and fraudulent transactions.
The LHC directed that after the implementation of the law, all pending cases will automatically stand transferred to the Special Court. It further held that no party can be prejudiced by judicial error or misinterpretation of jurisdiction.
To ensure compliance, the Lahore High Court instructed all District and Sessions Judges to implement the judgment in letter and spirit. The Registrar has been ordered to send a copy of the decision to all District and Sessions Judges across the province.
Legal experts said the judgment would streamline the resolution of property disputes for the diaspora and reduce the burden on civil courts. The decision is expected to provide relief to thousands of overseas Pakistanis who have long faced hurdles in pursuing litigation due to prolonged proceedings.
The Overseas Pakistanis Property Act was enacted to establish dedicated forums for the speedy disposal of property-related litigation involving expatriates, who contribute significantly to the national economy through remittances.
