Property involving expat: Special court has jurisdiction to resolve all disputes: LHC

LAHORE: The Lahore High Court has held that the special court constituted under the Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act has jurisdiction to resolve all the disputes in connection with the immovable property involving an Overseas Pakistani.

The court passed this order in a petition of an overseas Pakistani, Muhammad Mudassar Iqbal, challenging the decision of a special court denying granting a succession certificate by declaring it a civil matter.

The court set aside the impugned order and observed that same have been passed on an erroneous interpretation and special court erred in appreciating the scope of the Act, the court added.

The court observed that once the dispute relates to immovable property involving an overseas Pakistani, the jurisdiction extends to all matters having a nexus with such property, including those which are connected and incidental thereto.

The court said that the Act clearly mandates that upon promulgation of the Act, all proceedings relating to immovable property of Overseas Pakistanis pending before any court shall stand transferred to the special court and shall be continued from the stage at which they were pending immediately prior to such transfer.

The court observed that the applicability of the Act is not automatic in every case and is subject to satisfaction of certain foundational requirements.

The court said, in each case, the special court must first satisfy itself, at the threshold, that the statutory conditions that Overseas Pakistani as a litigant and some nexus with the immovable property are fulfilled, failing which the jurisdiction of the special court shall not be attracted.

The court said, in cases where no party qualifies as an Overseas Pakistani, the special court would not assume jurisdiction.

Copyright Business Recorder, 2026