How to Handle Overseas Pakistanis’ Property Disputes in Islamabad & Peshawar — Practical Steps?

Overseas Pakistanis, often referred to as Non-Resident Pakistanis (NRPs), frequently encounter property disputes in their homeland due to distance, leading to issues like unauthorized occupation, fraudulent sales, or inheritance denials. In cities like Islamabad, the federal capital with its high-value real estate, and Peshawar, a major trade and cultural center in Khyber Pakhtunkhwa, these disputes can be particularly complex, involving family conflicts or opportunistic encroachments. Handling such matters requires a blend of legal knowledge, practical steps, and awareness of recent reforms as of September 2025, including the newly established special courts for expedited resolution. This guide provides actionable advice to protect investments and resolve conflicts efficiently. Nouman Muhib Kakakhel – Lawyer & Legal Consultant recommends appointing a trusted local representative and utilizing digital tools to monitor properties remotely, as delays can exacerbate losses.

The 2025 establishment of special courts under the Establishment of Special Courts for Overseas Pakistanis’ Property Disputes Act represents a major advancement, allowing NRPs to file cases online and resolve them within 90 days, reducing the burden of prolonged litigation. This introduction equips NRPs with strategies to address overseas property disputes.

Legal Framework for Overseas Property Disputes

Pakistan’s legal system provides multiple avenues for overseas Pakistanis to address property disputes, combining civil, constitutional, and specialized laws. The Transfer of Property Act 1882 governs sales and transfers, while the Specific Relief Act 1877 allows suits for possession (Section 5) or injunctions (Section 54) against unauthorized sales. Inheritance disputes for Muslims are resolved under the Muslim Family Laws Ordinance 1961, ensuring shares as per Sharia, with the Succession Act 1925 applying to non-Muslims. Constitutional petitions under Article 199 to the Islamabad High Court (IHC) or Peshawar High Court (PHC) can challenge fraudulent transfers or denials.

The landmark 2025 Act establishes special courts in Islamabad for NRP disputes, enabling e-filing, video hearings, and resolutions within 90 days, with penalties for false claims. The Illegal Dispossession Act 2005 addresses encroachments, punishable by up to seven years imprisonment. The Code of Civil Procedure 1908 (CPC) facilitates interim relief, while the Limitation Act 1908 sets timelines (e.g., 12 years for possession suits).

This framework empowers NRPs to protect assets remotely.

Leveraging it effectively involves understanding NRP property rights.

Common Property Disputes Faced by Overseas Pakistanis

Overseas Pakistanis often face disputes like illegal occupation by relatives or tenants, fraudulent sales using forged documents, or denial of inheritance shares, particularly affecting women under cultural pressures. In Islamabad, disputes may involve CDA-regulated plots with unauthorized transfers, while in Peshawar, border trade influences encroachments on rural lands. Other issues include delayed mutations or mismanagement by power of attorney holders.

A 2025 report notes over 2 million unresolved NRP disputes, driven by distance and lack of monitoring. These challenges highlight the need for vigilant oversight.

Addressing them requires strategies tailored to expat property conflicts.

Practical Steps to Handle Property Disputes

Overseas Pakistanis can follow these steps to manage disputes effectively:

1. Appoint a Reliable Representative: Grant a limited power of attorney (POA) to a trusted local agent or lawyer for monitoring and initial actions, registered under the Registration Act 1908 to prevent misuse.
2. Monitor Property Remotely: Use digital tools like NADRA’s e-services for ownership verification or KPRA portals for updates. Install surveillance or engage local watchmen for physical checks.
3. File Complaints Promptly: Upon discovering issues, lodge an FIR for fraud (Section 420 PPC) or encroachment (Section 447 PPC) via online portals or embassies.
4. Initiate Legal Proceedings: File a suit for possession under Specific Relief Act Section 5 or injunction under Section 54 in District Civil Courts. For NRPs, the 2025 special courts in Islamabad allow e-filing and video testimony, resolving within 90 days.
5. Seek Interim Relief: Request court injunctions under Order 39 CPC to prevent sales or alterations, with stays granted on prima facie evidence.
6. Pursue Inheritance Claims: Obtain succession certificates under Succession Act Section 370 for movable assets, or file partition suits under Partition Act 1893 for immovable property.
7. Enforce Court Orders: Use execution petitions under CPC Order 21 to implement decrees, updating revenue records via tehsildars.
8. Opt for ADR: Engage in mediation under CPC Section 89A for amicable settlements, reducing costs and time.

Regular virtual consultations with lawyers ensure ongoing protection.

These steps are key for managing overseas inheritance disputes.