Supreme Court issues instructions to avoid overseas property cases

[Salman]

Islamabad: The Supreme Court (SC) has instructed civil courts to avoid entertaining cases involving properties located overseas, as the governing principles will be of international law rather than the municipal law of Pakistan.

According to a news source, the decision was taken by a three-judge bench headed by Justice Mian Saqib Nisar. The decision was made as part of the verdict given on a case filed in 2008 by Ms Hafi (now deceased) regarding the grant of permission for the administration of properties – located in Pakistan and the United Kingdom (UK) – belonging to her son, Muhammad Anwar Irshad, after his death.

Reportedly, the civil court granted her rights of administration of properties in Pakistan but dismissed her claim for administration of properties in the UK, which she challenged in the Lahore High Court (LHC). However, the decision was upheld after which Ms Hafi decided to approach the SC.

After consideration of precedents, the SC decided that the territorial jurisdiction of Pakistani courts was limited to properties located within the country. The court held that it is an international responsibility of Pakistan to respect international law and territorial jurisdictions of the UK, the news source reported.