If you live abroad and a dispute has arisen over immovable property in Rawalpindi, Punjab has a dedicated court for that class of case. The Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act 2025 (Act IX of 2025) gives the special court exclusive jurisdiction where one or more of the parties is an overseas Pakistani and the dispute relates to immovable property. The Act sets time limits for several steps, allows participation by video link on request, and provides for pending cases to be transferred rather than started again. A Special Court for Rawalpindi was designated in 2025, according to official notifications reported at the time. Whether that court is hearing new petitions today should be confirmed before a petition is filed.
Advocate Shahina Akbar, ASC, has practised before the district courts in Rawalpindi and Islamabad since 1997 and before the High Court since December 1999, and is enrolled as an Advocate of the Supreme Court of Pakistan. Chambers are in Phase 2, Bahria Town, Rawalpindi. This page explains the Act in general terms. It is not advice on a particular case.
Questions and answers
Who counts as an overseas Pakistani under the Act?
Under section 2(c) of the Punjab Establishment of Special Courts (Overseas Pakistanis Property) Act 2025, an overseas Pakistani is a person who holds a Pakistani passport, a computerised national identity card (CNIC), a National Identity Card for Overseas Pakistanis (NICOP), a Pakistan Origin Card (the Act’s text writes this as “POS”) or an Overseas Pakistani Foundation (OPF) membership card proving his or her nationality, and who is living, working or studying abroad, permanently or temporarily, for more than 182 days in a tax year. Both parts of that definition have to be met. Dual nationality is not a separate test: a dual national qualifies if he or she holds one of those documents and meets the 182-day residence test.
Which property disputes can the Special Court in Rawalpindi hear?
The Act applies to immovable property, as defined in the Registration Act, 1908, and extends to the whole of the Punjab. A petition is filed in the special court that has jurisdiction, as specified in the government’s notification — for property in the Rawalpindi district, that is the Rawalpindi Special Court. In Muhammad Mudassar Iqbal v. The Lake City Holdings Pvt. Ltd. (2026 LHC 2886, decided 28 April 2026), the Lahore High Court held that jurisdiction is not limited to ownership or possession disputes. It extends to disputes that have a nexus with immovable property, including matters such as specific performance, partition, inheritance, the validity of transactions, and other connected or incidental questions, provided one or more of the parties is an overseas Pakistani. The Court also held that a matter such as a succession certificate that does not relate to immovable property does not come within the Act.
Is it enough if only one party lives abroad?
Yes, if the statutory tests are met. Section 4(3) of the Act gives the special court exclusive jurisdiction over actions, disputes, petitions, suits and connected proceedings in which one or more of the parties are overseas Pakistanis. The Lahore High Court confirmed that this applies whether the overseas Pakistani is the petitioner or plaintiff, or the respondent or defendant. In each case the court must first satisfy itself that a party qualifies as an overseas Pakistani under section 2(c) and that the dispute has a nexus with immovable property.
Do I need to come to Pakistan?
Not in every case. Under section 8(5), if an overseas Pakistani litigant requests it, the special court shall make arrangements for that person to take part in the proceedings by video link. Under section 8(6), the court shall also allow the evidence of an overseas litigant or a witness to be recorded through the concerned Pakistani high commission, embassy or consulate, by video link or another legally acceptable mode, under the supervision of a notified official of that mission. A petition may be filed by the overseas Pakistani or by anyone authorised to do so (section 2(d)). A power of attorney executed at a Pakistani mission is a usual way to give that authority; the Act itself does not set out a mandatory form of power of attorney. Travel is therefore not always required, but the court may still need a party or a witness to attend in person in some situations.
How do I start a case, and can I file from abroad?
A petition is filed in the special court that has jurisdiction for the property (section 4(1)). It must include a concise statement of the facts required by section 4(2), including the status of ownership, any unlawful possession or control, the estimated market value, details of rent or profits if any, the relief claimed, and any other information or documents prescribed by the rules. Section 5 requires the Lahore High Court to make rules for filing and hearings by digital and electronic means. Press reports in October 2026 said those e-filing rules had been issued; the working details of any portal should be checked against the official Lahore High Court notification before relying on them. Do not send copies of identity documents in a first enquiry unless chambers specifically ask for them.
How long does a case take?
The Act does not start the main time limit from the day the petition is filed. Under section 9(1), the special court shall pass judgment as expeditiously as possible, but not later than 90 days from the date leave to defend is granted. If the proceedings are not completed within those 90 days, section 9(2) and (3) allow the court to require the respondent to furnish security, and to pass judgment if that security is not given, unless the court finds that the delay was not the respondent’s doing. Adjournments are not banned: section 9(4) says the court shall not allow an adjournment of more than seven days, and section 8(4) limits adjournments for cross-examination to sufficient cause, with costs. These are statutory duties of the court. They are not a guarantee of the date on which any particular case will end.
What is leave to defend, and what happens if it is refused?
The respondent is not allowed to defend the petition unless the special court grants leave to defend (section 7(1)). An application for leave to defend must be filed within 15 days. If it is not, the allegations of fact in the petition are deemed admitted and the court may pass judgment and decree (section 7(2)). The court shall decide that application within 15 days of its filing (section 7(8)). If leave is refused, or if the respondent does not fulfil conditions attached to a grant of leave, the court shall proceed to pass judgment and decree against the respondent (section 7(11)). No appeal, review or revision lies against an order accepting or rejecting leave to defend, or against an interlocutory order that does not dispose of the entire proceedings (section 10(5)).
Can the other side sell the property while the case is going on?
After publication of the notices under section 6(1), section 15 bars the respondent from transferring, alienating, encumbering, removing or parting with possession of the property until the petition is finally decided. Any such dealing in violation of that section is void. That statutory bar is not the same as an automatic order attaching the property or restoring possession. Separately, under section 12, the court may, on its own or on an application, restrain dealings with the property, attach it, transfer possession to the aggrieved person, or appoint a receiver, in order to protect the rights of the overseas Pakistani or in the interest of justice.
Can my pending case be transferred?
Yes, if the Act applies to it. Section 13 says that on the commencement of the Act, petitions, suits, execution petitions and other proceedings pending in any other court in which an overseas Pakistani is a party shall stand transferred to the special court, which may continue them from the stage already reached. Pending appeals and revisions are to go to a special bench of the High Court. In 2026 LHC 2886 the Lahore High Court held that cases which, because of earlier confusion about jurisdiction, remained in or were returned to the civil courts should also be transferred and continued from the stage already reached. The same judgment makes clear that the two threshold tests still apply: an overseas Pakistani as a party, and a nexus with immovable property. A family should not assume that every pending matter, including a succession-certificate application that does not relate to immovable property, will move automatically.
How does an appeal work?
A person aggrieved by a judgment, decree or final order of the special court may appeal to the High Court within 15 days (section 10(1)). For a decree of the Rawalpindi Special Court, that appeal lies to the Lahore High Court. Section 10(3) requires the High Court to decide the appeal within 90 days of filing. Filing an appeal does not by itself suspend the judgment, decree or final order unless notice has been served on the decree holder (section 10(2)). An order staying execution of a decree in appeal lapses automatically after two months (section 10(6)). As with the trial time limit, the 90-day figure is a statutory duty, not a promise about the date of a particular appeal.
How is a decree executed?
Under section 11(1), once the special court issues a decree, the case automatically becomes execution proceedings. A separate execution application is not required. The special court hears the execution on the expiry of 15 days from the date of the decree or order. The decree is executed in accordance with the Code of Civil Procedure, 1908, or as the court considers appropriate at the request of the decree holder, and the court may seek police or other law-enforcement assistance.
What if my property is in Islamabad rather than Rawalpindi?
The Punjab Act 2025 applies only in the Punjab. Property in the Islamabad Capital Territory is covered by a separate federal statute, the Establishment of Special Court (Overseas Pakistanis Property) Act, 2024 (Act XXVIII of 2024), which extends to the whole of the ICT. That Act uses a similar definition of an overseas Pakistani (the federal text writes “Pakistan origin card (POC)”) and similar core procedures, including judgment not later than 90 days from the grant of leave to defend, an appeal to the High Court that the High Court is to decide within 90 days, and evidence by video link through a Pakistani mission. The Islamabad High Court issued the Establishment of Special Court (Overseas Pakistanis Property) Rules, 2026. A Rawalpindi Special Court petition is not the route for an ICT property dispute.
How can chambers assist?
Advocate Shahina Akbar, ASC, has practised before the district courts in Rawalpindi and Islamabad since 1997 and before the High Court since December 1999, and is enrolled as an Advocate of the Supreme Court of Pakistan. Chambers in Phase 2, Bahria Town, Rawalpindi, can, where instructed and after a conflict check: review the papers in an immovable-property dispute that may fall under the Act; help prepare a power of attorney authorising someone to act; draft and file a petition in the special court that has jurisdiction; apply for the protective orders the Act provides; appear at hearings, including hearings held by video link; and file or respond to an appeal in the High Court where the Act allows it. Chambers do not promise a result or a hearing date.
How do I contact chambers in Bahria Town, Rawalpindi?
Call or WhatsApp 03155019235 (+92 315 5019235), email intake@advocateshahinaakbar.com, or use the confidential intake form on the website. Chambers are at 628 Street 42, Phase 2, Bahria Town, Rawalpindi 46220. Please give your name, a contact number, a short description of the property and the dispute, and whether you are instructing from abroad. Do not send copies of identity cards or other sensitive documents in the first message unless specifically asked. Conferences can be arranged by video call.
Roman Urdu questions
Overseas Pakistani ki property par qabza ho jaye to kya karein?
Agar aap Act ke mutabiq overseas Pakistani qaraar paate hain aur tazaaza Punjab mein jaidad-e-ghair-manqoola (immovable property) ka hai, to Special Court mein petition file ki ja sakti hai. Lahore High Court ne zahir kiya hai ke kewal qabza ke muqadmon tak yeh Court mahdood nahi. Petition aap khud ya apne mujaz namainda ke zariye file kar sakte hain, aur darkhwast par video link ka intizam Act ke section 8 ke tehat karna zaroori hai.
Overseas Pakistani property case kaise karein?
Petition us Special Court mein file hoti hai jisse us jaidad ka jurisdiction hasil ho — Rawalpindi ki jaidad ke liye Rawalpindi Special Court. Petition mein section 4 ke mutabiq malikiyat, qabza ya control, andazi qeemat, agar koi kiraya ya munafa ho to us ki tafseel, aur gei hui relief likhni hoti hai. Bahar se case ke liye aam taur par kisi ko power of attorney di jaati hai, jo aksar Pakistani mission par tameel hoti hai; Act khud koi muqarrar form lazim qaraar nahi deta. Pehli inquiry mein identity documents na bhejein jab tak chambers un ki darkhwast na karein.
Special Court mein case ka faisla kitne din mein hota hai?
Act ke section 9 ke mutabiq Special Court ko chahiye ke woh faisla jald se jald kare, lekin leave to defend milne ki tareekh se 90 din se der na ho. Yeh had petition file hone ki tareekh se shuru nahi hoti. Agar 90 din mein karwai mukammal na ho, to Court jawab-dihanda se zamant maang sakti hai, aur kuch shara’it ke sath faisla de sakti hai. Yeh qanooni zimmedari hai; kisi khaas case ki tareekh ki zamant nahi.
Kya case ke liye Pakistan aana zaroori hai?
Har case mein nahi. Section 8 ke mutabiq overseas Pakistani litigant ki darkhwast par Court video link ka intizam kare gi, aur gawahi Pakistani mission ke zariye bhi li ja sakti hai. Petition mujaz namainda ke zariye bhi file ho sakti hai. Phir bhi kuch soorton mein Court kisi fariq ya gawah ki zaati hazri maang sakti hai.
Civil court mein pending case Special Court mein transfer ho sakta hai?
Haan, jab Act laagu ho. Section 13 ke mutabiq jinkee karwai kisi aur court mein pending ho aur un mein overseas Pakistani fariq ho, woh Special Court ko muntaqil ho kar usi stage se jari reh sakti hai. Lahore High Court ne 2026 mein kaha ke jo cases ghalat fehmi ki wajah se civil court mein reh gaye ya wapas bhej diye gaye, unhen bhi muntaqil karke usi stage se chalana chahiye. Pehle yeh dekhna zaroori hai ke fariq overseas Pakistani hai aur muqadma immovable property se waabasta hai.
Related reading on this site
- Property and land counsel
- Property lawyer in Bahria Town
- Lawyer in Bahria Town Rawalpindi
- Lawyer in Islamabad (for property in the Islamabad Capital Territory)
- Family and succession
Disclaimer
This page gives general information about the law as of November 2026. It is not legal advice for your particular case. The statutory time limits described here are duties placed on the courts by the Act; they are not a promise about the outcome or the timetable of any one matter.