Lahore High Court expands jurisdiction of overseas Pakistanis' property tribunals 

Lahore High Court has ruled that special courts established for overseas Pakistanis can hear a broad range of property-related disputes, including inheritance, partition, specific performance and cancellation of transactions involving immovable property.

According to a news report, the ruling was issued by Justice Anwaar Hussain while deciding multiple petitions concerning the scope of jurisdiction under the Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act, 2025.

The petitions were filed after special courts declined to hear several cases, including disputes relating to specific performance, inheritance claims and cancellation of transactions, on the grounds that such matters fell outside their jurisdiction and should be heard by civil courts.

One petitioner, an overseas Pakistani residing in Kuwait, argued that a special court had refused to hear his suit seeking a declaration and specific performance against a housing society in Lahore and transferred the matter to a civil court.

In another case, an overseas Pakistani challenged a decision by a special court refusing to exercise jurisdiction in a dispute concerning the cancellation of a general power of attorney.

Justice Hussain held that lower courts had adopted an overly narrow interpretation of the law by restricting the scope of the Act’s preamble.

“The expressions ‘matters connected therewith’ and ‘incidental thereto’ are of wide import,” the judgment stated, adding that the law was intended to cover the full spectrum of immovable property disputes involving overseas Pakistanis.

The court ruled that the jurisdiction of special courts extends beyond direct ownership and possession disputes to include matters related to contracts, inheritance, partition, validity of transactions and related ancillary issues.

The judgment directed that all pending cases involving overseas Pakistanis and immovable property be transferred to the special courts under Section 13 of the Act.

The court also ordered that transferred cases should proceed from the stage already reached to avoid restarting trials.