For protecting the property rights of Overseas Pakistanis, the government of Pakistan has taken a great step by enacting the Establishment of Special Courts (Overseas Pakistanis Property) Act, 2024. This landmark legislation aims to provide an efficient mechanism by constituting special courts headed by the senior judges of the Islamabad District Courts resolving property disputes involving overseas Pakistanis, ensuring their rights are protected and their interests are safeguarded.

The Establishment of Special Courts (Overseas Pakistanis Property) Act, 2024, addresses the long-standing challenges faced by overseas Pakistanis in managing their properties in Pakistan. By providing special courts for resolving property disputes, the law will help to safeguard the property rights of overseas Pakistanis, reduce delays and frustration, and increase investor confidence. This law is a significant step towards protecting the rights of overseas Pakistanis and promoting foreign investment in Pakistan.

Background: Overseas Pakistanis have long faced challenges in managing their properties in Pakistan. Distance, language barriers, and unfamiliarity with local laws and regulations have made it difficult for them to navigate the complex process of resolving property disputes. The lack of a dedicated forum to address their concerns has led to delays, frustration, and financial losses.

According to estimates, there are over 10 million Overseas Pakistanis are living around the world, with a significant number owning properties in Pakistan. However, due to the challenges mentioned above, many overseas Pakistanis have been reluctant to invest in Pakistan or have faced difficulties in managing their existing properties.

Key Provisions of the Law: The Establishment of Special Courts (Overseas Pakistanis Property) Act, 2024, addresses these challenges by establishing special courts to adjudicate litigations related to properties of Overseas Pakistanis. The main provisions of the law include:

1. Establishment of Special Courts: The law establishes special courts to hear cases related to properties of overseas Pakistanis. These courts will be established Islamabad Capital Territory.
2. Composition of Special Courts: The special courts will consist of a single judge, who will be a district and sessions judge or an additional district and sessions judge. The judges will be appointed by the government and will have expertise in property laws.
3. Procedure for Filing and Hearing Petitions: The law outlines the procedure for filing and hearing petitions, including the requirement for overseas Pakistanis to provide proof of their overseas Pakistani status. The lawsuit will be filed in the special court having jurisdiction over the property in dispute.
4. Time Frame for Disposal of Petitions: The law specifies a time frame for the disposal of petitions, which is 60 days from the date of filing. This time frame can be extended by the court for a further 30 days, if necessary.
5. Appeal: The law provides for an appeal against the decision of the special court to the High Court. The appeal will be filed within 30 days of the decision.
6. Bar of Jurisdiction: The law bars the jurisdiction of other courts, including civil courts, to entertain petitions related to properties of overseas Pakistanis.

Impact of the Law: The Establishment of Special Courts (Overseas Pakistanis Property) Act, 2024, is expected to have a significant impact on the lives of Overseas Pakistanis. By providing a dedicated forum for resolving property disputes, the law will help to:

1. Reduce Delays and Frustration: The special courts will provide a fast-track mechanism for resolving property disputes, reducing delays and frustration for overseas Pakistanis.
2. Provide a Fair and Transparent Process: The law ensures that overseas Pakistanis will have access to a fair and transparent process for resolving property disputes, which will help to build trust and confidence in the system.
3. Safeguard Property Rights: The special courts will help to safeguard the property rights of overseas Pakistanis, ensuring that their properties are protected from unauthorized occupation, sale, or transfer.
4. Increase Investor Confidence: The law is expected to increase investor confidence among overseas Pakistanis, encouraging them to invest in Pakistan and contribute to the country’s economic development.

Distance and accessibility: Overseas Pakistanis face multiple challenges in managing their properties in Pakistan, primarily due to the physical distance between them and their properties. This distance makes it difficult for them to monitor and manage their properties, which cause to potential issues such as theft, dispossession, illegal transfer and mismanagement. Furthermore, the lack of reliable information about their properties, including market trends, local laws, and regulations, can enhance these challenges.

Lack of awareness about Pakistani laws: Another challenge faced by Overseas Pakistanis is their lack of awareness about Pakistani laws and regulations governing property ownership, inheritance, and taxation. This lack of awareness can lead to unintentional violations of laws and regulations, resulting in fines, penalties, or even loss of property.

Financial and Taxation Challenges: Overseas Pakistanis also face financial and taxation challenges in managing their properties in Pakistan. Managing finances from abroad can be complicated, particularly when it comes to paying taxes, bills, and other expenses. Moreover, Overseas Pakistanis may be subject to taxation in both Pakistan and their country of residence, leading to double taxation and other issues.

Documentation and Transfer Issues: Overseas Pakistanis may face other challenges in managing their properties in Pakistan, including issues related to execution of power of attorney, selling or transferring property, and dealing with local authorities.

Overseas Pakistanis have the same property rights as Pakistani citizens, as guaranteed by the Constitution of Pakistan. Overall, overseas Pakistanis have significant property rights in Pakistan, which are protected by the Constitution and various laws. However, they may still face challenges in exercising these rights, particularly if they are not familiar with Pakistani laws and regulations.

Right to Acquire Property: Overseas Pakistanis have the right to acquire property in Pakistan, including immovable property such as land and buildings, and movable property such as shares and securities.

Right to Hold Property: Overseas Pakistanis have the right to hold property in Pakistan, free from any undue interference or restriction.

Right to Dispose of Property: Overseas Pakistanis have the right to dispose of their property in Pakistan, including the right to sell, gift, or mortgage their property.

Right to Inherit Property: Overseas Pakistanis have the right to inherit property in Pakistan, in accordance with Pakistani inheritance laws.

Right to Protection from Unlawful Eviction: Overseas Pakistanis have the right to protection from unlawful eviction from their property in Pakistan.

Right to Access to Justice: Overseas Pakistanis have the right to access to justice in Pakistan, including the right to seek redress in Pakistani courts for any disputes related to their property.

Civil Property Disputes: Civil property disputes typically involve disputes over ownership, possession, or use of property. These disputes are usually resolved through civil lawsuits, where one party sues another for damages or to enforce their rights. Examples of civil property disputes include:

1. Disputes over property boundaries or ownership
2. Disputes over rent or lease agreements
3. Disputes over property damage or trespass
4. Disputes over inheritance or succession

Criminal Property Disputes: Criminal property disputes, on the other hand, involve criminal offenses related to property, such as:

1. Theft or burglary
2. Damage or property destruction
3. Trespassing or unauthorized entry
4. Forgery or fraud related to property transactions

In criminal property disputes, the state or government prosecutes the accused for violating criminal laws related to property.

Hybrid Cases: In some cases, property disputes can involve both civil and criminal elements. For example:

1. A person may be sued civilly for damages related to property damage, while also facing criminal charges for vandalism.
2. A property owner may file a civil lawsuit to evict a tenant, while also reporting the tenant to the authorities for criminal trespass.

In such cases, the civil and criminal proceedings may be separate, but they can also be related and impact each other.

However, in the context of the Establishment of Special Courts (Overseas Pakistanis Property) Act, 2024, the special courts established under this law will likely have jurisdiction over civil property disputes involving overseas Pakistanis. However, if a property dispute involves criminal elements, the case may be referred to a criminal court for prosecution.

By taking these preventive actions, overseas Pakistanis can minimize the risk of property disputes and ensure that their property rights are protected.

Property Documentation: Property documentation is an important aspect of property ownership in Pakistan. Overseas Pakistanis should ensure that all property documents are accurate, up-to-date, and securely stored.

1. Verify Property Documents: Overseas Pakistanis should verify that all property documents, including the deed, title, and registration, are accurate and up-to-date. This includes ensuring that the property documents reflect the correct owner’s name, address, and other relevant details.
2. Keep Documents in a Safe Place: Overseas Pakistanis should keep all property documents in a secure location, such as a safe deposit box or a fireproof safe. This will help prevent loss or damage to the documents.
3. Provide a Copy to a Trusted Person: Overseas Pakistanis should provide a copy of the property documents to a trusted person, such as a family member or a lawyer. This will ensure that someone has access to the documents in case of an emergency.

Legal Precautions: Overseas Pakistanis should take legal precautions to protect their property rights. This includes consulting with a lawyer, registering the property, and considering a power of attorney.

1. Consult with a Lawyer: Overseas Pakistanis should consult with a lawyer who is familiar with Pakistani property laws. This will help ensure that all legal requirements are met and that the property is properly registered.
2. Register the Property: Overseas Pakistanis should register the property with the relevant authorities, including the revenue department and the municipal corporation. This will help establish clear ownership and prevent disputes.
3. Consider a Power of Attorney: Overseas Pakistanis should consider granting a power of attorney to a trusted person, such as a family member or a lawyer. This will allow the attorney to manage the property on their behalf and make decisions in their best interests.