Back
2026 Supreme(Online)(Mad) 16563
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
Chandrasekaran – Appellant
Versus
The Sub Registrar, Sub Registrar Office Thiruporur, Chengalpattu District – Respondent
Writ Petition
For the Appellants/Petitioners: Mr.Y.Deva Arul Prakash
For the Respondents: Mr.U.Baranidharan, SGP
The court affirmed the necessity of a non-traceable certificate for registering documents when the original is unavailable under Section 34-C of the Registration Act.
Headnote:The petitioner filed a writ petition challenging the refusal to register a settlement deed based on the absence of the original parent document, as required under Section 34-C of the Registration Act. The Court recognized the petitioner's situation regarding the missing document and directed the registration upon the production of a non-traceable certificate. The outcome specified that registration would be granted provided the non-traceable certificate is obtained, leading to a ruling favoring the petitioner.
| Table of Content |
|---|
| 1. challenge to registration of deed due to missing document. (Para 1 , 2) |
| 2. requirement for non-traceable certificate under registration act. (Para 3 , 4) |
| 3. court's directive to register provided conditions are met. (Para 5) |
ORDER
This writ petition has been filed challenging the impugned refusal slip issued by the respondent dated 20.01.2026 refusing to register the settlement deed dated 20.01.2026 presented by the petitioner for registration, on the ground that the petitioner has not produced the original parent document.
2. The learned counsel for the petitioner submits that the original parent document is missing, and therefore, the petitioner is not in a position to produce the same before the respondent.
3. As per Section 34-C of the Registration Act, there is a necessity to produce the original document or non-traceable certificate.
4. The learned counsel for the petitioner submits that the petitioner will take all efforts to obtain a non-traceable certificate to enable the petitioner to get the settlement deed dated 20.01.2026 registered by the registration department.
5. In view of the same, this writ petition is disposed of by directing the respondent to register the settlement deed dated 20.01.2026 presented by the petitioner for registration, provided the petitioner produces a non-traceable certificate in respect of the parent document. No Costs.
