A Sub-Registrar cannot refuse document registration due to the existence of a prior pending agreement, but must insist on compliance with mandatory statutory requirements regarding the production of original parent documents or non-traceable certificates.

ORDER

The Writ Petition is filed challenging the impugned refusal check slip dated 20.04.2026.

2. The petitioners presented a sale agreement. The same is now refused to be registered on two grounds. Firstly, it is stated that there is a prior sale agreement, which remains pending and it has not been cancelled. The second reason that is mentioned is that the petitioners have not produced the original of the parent document relied upon by the petitioners.

3. The learned counsel for the petitioners would submit that both the reasons are unsustainable.

4. The learned Additional Government Pleader appearing on behalf of the respondent would submit that in view of Section 34-C of the Registration (Tamil Nadu Amendment) Act, 2025, without production of the original document or non-traceable certificate, the registration cannot be effected.

5. I have considered the rival submissions made on either side and perused the material records of the case.

6. As far as the ground that the present sale agreement is the second sale agreement and the first agreement is pending is concerned, the same will not come within the realm for the Sub-Registrar to refuse. If the petitioners have violated the earlier agreement and sold the property, it is for the earlier agreement holder to take such steps for specific performance in their favour and the same cannot be a reason for refusal of the document. As far as the production of original is concerned, as on date since Section 34-C of the Act is in force, the petitioners have to either produce the original documents or, if the original documents are lost, they have to approach the jurisdictional police and get a non-traceable certificate and produce the same before the Sub Registrar for the purpose of registration. The learned counsel for the petitioners would submit that the petitioners will take such steps to obtain non-traceable certificate and thereafter represent the document.

7. In view thereof, this Writ Petition is allowed on the following terms:

(i) The impugned refusal check slip, dated

20.04.2026, shall stand set aside;

(ii) The petitioners shall represent the document along with non-traceable certificate or original parent deeds, if they are traced and thereafter, the document shall be registered, if there is no other impediment.

No costs.