The Peshawar High Court (PHC) on Monday has declared null and void 80 decisions issued by the provincial ombudsperson under the Women Property Rights Act, 2019, ruling that the law does not empower the ombudsperson to decide disputed property matters.
In a detailed 90-page written judgment, Justice Muhammad Naeem Anwar held that the Women Property Rights Act does not authorize the provincial ombudsperson to order the division or ownership of contested property. The court observed that complex inheritance and property disputes fall exclusively within the jurisdiction of civil courts.
The judgment stated that the impugned decisions were in conflict with the Land Revenue Act, 1967, and emphasized that the ombudsperson cannot interfere in cases that are already pending before civil or family courts.
The court further ruled that the ombudsperson has no authority to halt judicial proceedings or determine ownership rights. It clarified that while the law allows the ombudsperson to examine whether a case is pending before a court, it does not permit the office to issue binding decisions in such matters.
During the proceedings, the Advocate General Khyber Pakhtunkhwa informed the court that certain provisions of the Women Property Rights Act contain legal shortcomings and require legislative amendments.
The PHC concluded that under the existing legal framework, the provincial ombudsperson may review pending cases for limited purposes but cannot adjudicate or issue final rulings on disputed inheritance or property claims.
