Overseas special court, Islamabad (Act of 2024)
You are an overseas Pakistani and someone holds or controls your property in Islamabad unlawfully, or you have any case over it.
Islamabad only. 11 steps, 9 confirmed against the text.
What this route rules out
- Once a special court is sitting, any case where a party is an overseas Pakistani goes only to it, not to an ordinary civil court.
- You count as overseas only if you hold a passport, CNIC, NICOP, POC or OPF card and live abroad more than 182 days in a tax year.
The steps
You
Check you count as an overseas Pakistani: you hold a Pakistani passport, CNIC, NICOP, POC or OPF card, and you live, work or study abroad for more than 182 days in a tax year.
s2(b), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read .
The text says
Overseas Pakistani means any person holding a Pakistani passport, computerized national identity card (CNIC), national identity card for overseas Pakistanis (NICOP), Pakistan origin card (POC) or Overseas Pakistanis Foundation (OPF) membership card proving his nationality and is living, working or studying abroad permanently or temporarily for more than one hundred and eighty two (182) days in a tax year
Islamabad High Court
Find out whether a special court has been set up in Islamabad, and for which area.
UNCONFIRMEDThe Act lets the government set up these courts by notice in the official Gazette, in consultation with the Chief Justice of the Islamabad High Court. We have not seen that notice. Check the Islamabad High Court website or ask a lawyer before you file.
s3(1), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read .
The text says
The Federal Government may, in consultation with the Chief Justice of the Islamabad High Court and by notification in the official Gazette, establish as many special courts in the Islamabad Capital Territory as it may deem necessary to try petitions filed by overseas Pakistanis in relation to their immovable properties
Special court
File a petition with a short statement of facts: who owns the property, who holds or controls it unlawfully, its estimated market value, any rent or profit they took, and the relief you want.
s4(2), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read .
The text says
A petition under sub-section (1) shall contain a concise statement of facts which shall include status of ownership and unlawful possession or control of property, estimated market value of property, details of rent or profits received by person in un-lawful possession or control of property
Islamabad High Court
Find the court's filing rules, the papers it wants, any court fee, and whether you can file online.
UNCONFIRMEDThe Act says the Islamabad High Court will make rules for filing and hearing, including by electronic means, and the petition may need other documents "as may be prescribed". We have not read those rules or any fee. Ask the court office or a lawyer.
s5(1), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read .
The text says
The Islamabad High Court shall make rules to enable filing of petitions, responses, applications, hearing of parties including recording of evidence under this Act and all matters connected therewith or incidental thereto through electronic means.
Special court
The court calls the other side to appear on a date no more than ten days ahead.
- Time
First date within 10 days.
s6(1), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read .
The text says
for appearance on a date fixed not later than ten days
Special court
Once notice is published, the other side must not sell, mortgage or hand over the property until the case ends. Any such deal is void.
s15, Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read .
The text says
After publication of notices under sub-section (1) of section 6, no respondent shall transfer, alienate, encumber, remove or part with possession of property pending final decision ... shall be void and of no legal effect
Special court
The other side can defend only if the court gives them leave to defend.
s7(1), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read .
The text says
A special court shall not allow respondent to defend the application unless he obtains from this special court leave to defend.
Special court
Ask the court to let you take part by video link from abroad. The court must arrange it when you ask.
s8(5), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read .
The text says
A special court, on request of an overseas Pakistani litigant, shall make arrangements to enable the litigant to participate in the court proceedings through video link.
Special court
The court must give judgment within ninety days of granting leave to defend.
- Time
Judgment within 90 days of leave to defend.
s9(1), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read .
The text says
not later than ninety days from the date of grant of application for leave to defend
High Court
Either side can appeal to the High Court within fifteen days of the judgment.
- Time
15 days to appeal.
s10(1), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read .
The text says
Any person aggrieved by a judgment, decree or final order of the special court may, within fifteen days, prefer an appeal to the High Court.
within fifteen days, prefer an appeal to the High Court