Delhi HIgh Court

Delhi HC: Lack of Original Documents and Court Fees Leads to Dismissal in Family Property Dispute

Updated
Jan 21, 2026 7:21 PM
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Summary: On December 12, 2025, the High Court of Delhi dismissed an appeal by Abdul Nasir Khatri and others in a family property dispute. The court upheld an earlier decision, rejecting claims due to lack of original documents and issues with court fees.

The Case Background

This case involves a family dispute over property. Abdul Nasir Khatri and his daughter, Saba Nasir Khatri, were the ones appealing against Fazlu Rehman Khatri and others. The conflict started over properties bought as a family, with the understanding that they would be divided equally.

The Appeal and Its Challenges

Abdul Nasir Khatri and Saba Nasir Khatri filed an appeal under a rule in the Civil Procedure Code, 1908, challenging a decision from September 26, 2025. They wanted the court to dismiss the case filed by Fazlu Rehman Khatri and others, arguing they didn't provide the original family settlement documents from 2020 and didn't pay the necessary court fees.

Court's Analysis and Decision

The court, led by Judges Anil Kshetarpal and Harish Vaidyanathan Shankar, found that Fazlu Rehman Khatri and others' case did show a reason to go to court. The properties were bought with a mutual understanding and agreements dating back to 1983 and 1988.

The court also noted that Fazlu Rehman Khatri and others claimed shared ownership, which meant they didn't need to pay the full court fees. They wanted to divide the property, which included properties in Chandanhula, Mehrauli, New Delhi.

Final Judgment

Despite Abdul Nasir Khatri and Saba Nasir Khatri's arguments, the court found no reason to change the previous order. They concluded that Fazlu Rehman Khatri and others had indeed asked for a fair division by requesting a split and equal shares in the properties.

The appeal was dismissed, and the court maintained the original decision, leaving the family to resolve their property issues under the established agreements.

Tags:
Property Rights
Family Disputes
Civil Suit