No unilateral cancellation but the agreement is already expired. Property is clean. 

1. Send a legal notice to the party informing him that since he is not completing the sale within the mutually agreed time and not showing any interest, let him agree to cancel the sale agreement and receive back the advance money at the time of registration of cancellation deed in the jurisdictional Sub Registrar's Office.

2.  Obtain Encumbrance Certificate for the property after the registration of cancellation deed. You can obtain EC by online. 

Agreement can be canceled in terms of agreement, by efflux of time and also by mutual consent. 

If the sale agreement is executed by a registered document then it is pertinent to execute a registered cancellation deed jointly along with the buyer.

The registrar will not permit an unilateral cancellation.

If the agreement period is expired and the time has been made as essence of contract then you may issue a legal notice to the buyer communicating your decision to cancel the sale agreement owing to his failure to perform his part of contract within the stipulated time period.

You can instruct him to come to the sub registrar's office to execute the cancellation deed jointly on a date and time fixed by you in the legal notice, on his non compliance you may proceed with the registration of cancellation of sale agreement unilaterally, if the sub registrar refuses to entertain despite showing the proofs of sale agreement and the legal notice, then you may approach court of law to declare the sale agreement as null and void and direct the sub registrar concerned to permit you to register the same.

Registered agreement for sale cannot be cancelled unilaterally 

it can be cancelled with mutual consent 

if buyer has failed to make payment within stipulated period then you can file suit to cancel the agreement 

Dear Client
Review the Agreement:
Start by carefully reviewing the agreement to sale that you entered into with the party. Look for any clauses related to cancellation, termination, or default by either party. This will help you understand the terms and conditions under which you can cancel the agreement.

Attempt to Contact the Buyer:
Since the buyer is not responding to your calls or messages, it's essential to make a written record of your attempts to contact them. Send written communication (such as emails or letters) explaining the situation and your intention to cancel the agreement if the buyer does not fulfill their obligations.

Notice of Cancellation:
If the agreement includes provisions for cancellation due to non-performance by the buyer, you can send a formal notice of cancellation to the buyer. This notice should specify the grounds for cancellation and the timeline within which they must rectify the default (if the agreement allows for such a remedy). Make sure the notice is sent through a trackable method, such as registered post with acknowledgment due.

Legal Assistance:
If the buyer continues to ignore your attempts to contact them and does not rectify the default within the specified time (if applicable), you may need to seek legal assistance. Consult with a lawyer who specializes in property law to guide you through the process of canceling the agreement legally.

Cancellation of the Agreement at the Sub-Registrar's Office:
To cancel the agreement and remove any encumbrances from the property, you may need to visit the Sub-Registrar's Office where the agreement was registered. Consult with your lawyer to prepare the necessary documentation for cancellation and follow the required procedure.

Return of Earnest Money:
If the buyer has paid an earnest money deposit, the agreement may specify the conditions under which this deposit should be refunded. Ensure that you follow the agreement's terms regarding the return of earnest money.

An agreement to sale is a legal document that creates a contractual relationship between the seller and the buyer for the sale of a property for a specified price and period. An agreement to sale is enforceable in law, and any shortage of stamp duty can be paid through the court’s order. Such an agreement will be valid for three years from the date of execution.

An agreement to sale can be cancelled by mutual consent of both parties or by operation of law. An agreement to sale can also be challenged in court on various grounds, such as fraud, coercion, undue influence, misrepresentation, mistake, lack of free consent, lack of mental capacity, etc.

Some of the steps that you can take to cancel an agreement to sale are as follows:

• Obtain a no-objection certificate (NOC) from the buyer stating that he/she has no objection to the cancellation of the agreement and that he/she has received his/her money back. The NOC should also state that the buyer has no claim or right over the property and that he/she releases you from all liabilities and obligations under the agreement.
• Execute a cancellation deed with the buyer in the presence of two witnesses. The cancellation deed should mention the details of the agreement, such as date, parties, property, price, period, etc. The cancellation deed should also mention the reason and mode of cancellation, such as mutual consent, expiry of period, breach of conditions, etc. The cancellation deed should also mention that both parties have settled all their dues and disputes and that they have no further claims or complaints against each other.
• Register the cancellation deed with the sub-registrar office where the property is located. You should pay the applicable stamp duty and registration charges for the cancellation deed. You should also submit copies of the agreement, NOC, identity proof, address proof, and photographs of both parties along with the cancellation deed.
• Update your records with the revenue department and other concerned authorities regarding the cancellation of the agreement. You should also obtain a fresh encumbrance certificate from the sub-registrar office showing that there is no encumbrance on your property due to the agreement.

Yes you can cancel and move forward and forfeit the advance 

These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. My team is dealing with various such cases. As you know that a Sale agreement is an agreement between two parties laying down the terms and conditions and rights and obligations between the parties i.e. the seller of the property and the buyer of the property. It is drafted in order to avoid future legal troubles. 

Legal action can only be taken when already legal notice through Advocate has been served upon the entity or person you wish to bring to court. You can also seek damages in this regard. A legal notice is, hence, formal notification to a person or an entity, notifying the other party of your purpose to commence legal proceedings against them. Legal notice can serve as a target of negotiations among the parties and save time, effort, and money spent in court cases. This Legal Notice can be sent to his registered address, WhatsApp and Email ID. 

This makes the party aware of your complaint. Many times, a legal notice served will bring the other party on heels, and the difficulty can get resolved out of court, too, with fruitful arguments on both sides. If the opposite party is still not heeding to the grievance, one can always start the court procedures after a particular interval according to law. 

Detailed discussion is required in such cases with complete documents. 

Gopal Verma

Advocate on Record 

Supreme Court of India

- If the said agreement to sale not registered from the office of the sub-registrar , then you can cancel the agreement after sending a legal notice to him 

- Further, if this registered , then it can be cancelled mutually after entering into a registered cancellation deed 

- Further, if registered , then file a declaration suit before the court for cancelling /revoking the said agreement. 

- However, he has right to get refund of the paid amount from you.