Back to your answers

1. What this is

   • This brief was made by Wakeelnama Overseas from your answers. It is not legal advice, and no lawyer has reviewed it.

2. Your answers

   • Who holds or controls the property now? Not answered.
   • What paper do they rely on? Not answered.
   • Where is the property? Not answered.
   • When did you lose possession? Not answered.
   • What do you want? Not answered.
   • Do you live abroad more than 182 days a tax year and hold a Pakistani passport, CNIC, NICOP, POC or OPF card? Not answered.

3. The route

   • 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.
   • You picked this route yourself.

4. What it 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.

5. Steps

   • 1. 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 2026-10-28)
   • 2. Islamabad High Court: Find out whether a special court has been set up in Islamabad, and for which area. (s3(1), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read 2026-10-28) Not confirmed.
   • 3. You: If you will not file yourself, authorize someone to file for you. Keep that authority narrow: see the power of attorney route. (s2(c), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read 2026-10-28)
   • 4. 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 2026-10-28)
   • 5. Islamabad High Court: Find the court's filing rules, the papers it wants, any court fee, and whether you can file online. (s5(1), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read 2026-10-28) Not confirmed.
   • 6. Special court: The court calls the other side to appear on a date no more than ten days ahead. (s6(1), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read 2026-10-28) Time: First date within 10 days. (s6(1)).
   • 7. 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 2026-10-28)
   • 8. 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 2026-10-28)
   • 9. 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 2026-10-28)
   • 10. Special court: The court must give judgment within ninety days of granting leave to defend. (s9(1), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read 2026-10-28) Time: Judgment within 90 days of leave to defend. (s9(1)).
   • 11. High Court: Either side can appeal to the High Court within fifteen days of the judgment. (s10(1), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read 2026-10-28) Time: 15 days to appeal. (s10(1)).

6. Open points for your lawyer

   • Islamabad High Court: The 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.
   • Islamabad High Court: The 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.

7. Papers

   • No list of papers is confirmed for this route.

8. Fill in before you send

   • Your name
   • Phone or email
   • Property address
   • Khasra, plot or house number
   • District and tehsil
   • Who holds it, by name