If you want to cancel the agreement and don't want to claim any damages, there is no need to go for any legal action. There would be a forfeiture clause in the agreement which would give a right to the vendor to forfeit the token money in case of breach by the buyer. This is in addition to the regular remedy available to the parties through a suit of specific performance of the agreement. There is no need to go for cancellation of agreement, if the agreement itself provides the time period for performance of the contract. In such cases time is essence of contract. If you are still keen on some legal document, you can file a suit for declaration of the agreement having become cancelled. You can also publish a public notice in the local newspaper.

1) you ought to have filed suit for specific performance within period of 3 years

2)unilateral cancellation of agreement is not possible

3) you have to file suit to cancel the agreement for sale on account of default of purchaser in making balance payment

4) suit may take some years to be disposed of

1. The maximum time for the Agreement of Sale to be valid is 3 years.

2. Since the 3 year period is over, there is no need for you to wait for the purchaser, who is dodging you.

3. Convince the buyer to sign in the Deed of Cancellation which is to be registered in the Sub-Registrar's Office and offer to return his advance money which he had paid you thereby you can start the transaction afresh with a different buyer.

4. File a case for specific performance of the Agreement of Sale against the dodging purchaser in the competent court.

5. Since the legal notice has already been served on the purchaser there is no point to do it again, but a Public Notice can be a good option.

As per Indian contract act, commonly most of the agreement time is the essence of that contract. The vendor and vendee entered in to a contract, both of them ought to have obeyed the terms of the agreement. If any one of the person not fulfill the contract the other one has every right to withdrawn from that contract. In the case of a sale agreement since the purchaser has failed to comply with terms and conditions of the contract the seller has liberty to cancel the agreement and vise verse.

Please note that an Agreement for sale cannot create claim for title. If the Vendee does not fulfill the terms of the Agreement then Vendor by serving a legal notice can cancel the agreement even if it is registered and can sell the property to any other person.An agreement whether registered or not can be cancelled on breach of its terms.

In the case of registered sale agreement, the encumbrance certificate from SRO is reflected as encumbrance over the said property. So until and unless the sale agreement is cancelled, it may create more and more legal issues till it is resolved legally. Time is the essence of the contract.

Registration of a deed of cancellation of a sale agreement unilaterally executed by one party to the agreement is not legal and therefore the only remedy available is approaching a civil court for

Canceling the registered agreement for sale and seeking the relief the court to intimate the order concerned Sub registrar office.

Grounds :

Limitation is infavour of you

Breach of the terms of the contract by buyer

No need to return the earnest money

No replay is from him

1. The agreement stands cancelled in terms of your legal notice. Now publish the same in a national and regional daily. Thereafter, you will be free to enter into a fresh agreement to sell with another prospective buyer.

2. A suit for specific performance may take years to be decided, so better find another buyer and sell him the property.

1. Was there any clause in the said agreement stating that the agreement will be automatically treated as cancelled if the buyer fails to pay the balance amount within the specified period?

2. Was there any clause mentioning what will be done with the advance amount received in case the agreement is cancelled for non receipt of payment of the balance amount from the proposed buyer?

3. If no, then you are required to cancel the agreement and refund the amount you have received from him as advance (in absence of any forfeiture clause).

4. If you have his bank account number then it will be prudent on your part to RTGS the said amount to his account since he may not agree to accept the refund through DD.

5. If you do not have his Bank account number, send him a letter enclosing a crossed cheque of the said advance amount towards refund of the advance amount paid by him after cancellation of the agreement terms of which he has not complied with.

6. Since it is the agreement which has been registered , you should not worry at all as agreement does not covey title of the property which is done through registered deed of conveyance.

The registered sale agreement executed 5 years back is no more valid and is barred by limitation.

Hence he cannot file a suit or even has a right to seek to enforce the dead agreement.

If you wold like to return his advance money, you may keep it secured.

Besides you may keep the documentary evidences on the steps taken to perform your part of contract and his non-response to your efforts, so that in cae he is claiming anything in future this will help you tide over the crisis.

You do not aproach him anymore, let him come back to you