The Supreme Court has ruled that the Federal Ombudsman lacks the jurisdiction to adjudicate complex property disputes involving contested ownership and inheritance claims, holding that such matters fall within the domain of civil courts.
In an eight-page judgment authored by Justice Ayesha Malik, the apex court set aside the decisions of the Federal Ombudsman and the Peshawar High Court in a case concerning women’s property rights and directed that the dispute be referred to the competent civil court.
The court observed that the Federal Ombudsman’s jurisdiction was confined to cases involving established ownership rights and the restoration of possession, while disputes raising complex questions of law and fact required the recording and examination of evidence by a civil court.
The Supreme Court converted the civil petitions concerning women’s property rights into appeals and allowed them, directing that the complete record, including the complaint submitted to the Ombudsman, be forwarded to the court of the Civil Judge in Bara.
It further directed the civil court to issue notices to all parties, requiring them to appear within 15 days, and to decide the matter within a reasonable period.
According to the judgment, the civil court will determine the authenticity and legal validity of the disputed gift deed, as well as the inheritance rights of the parties, after examining the relevant legal and factual questions.The apex court noted that the Enforcement of Women’s Property Rights Act, 2019, provided significant legal safeguards for women’s ownership rights and underscored the need for prompt and effective remedies against unlawful deprivation of property.
It observed that the protection of women’s property rights remained a fundamental objective of the legislation. However, the court emphasised that the jurisdictional boundaries between the Federal Ombudsman and civil courts must be respected when adjudicating property disputes.
