Registered sale agreement

naveenraj jain (Querist) 20 April 2025 This query is : Resolved
Respected Sirs,
I have agreed to sell my agricultural property to the buyers (2) under an registered sale agreement 2 years ago.
We both parties had agreed on few conditions where one condition wrt completion of the sale below.
That the sale deed shall be completed within 3 months (such date also mentioned) in failure to do so on the purchaser part the sale price shall change.

Now after 5 months of the sale agreement registration the purchaser and the agents were not coming forward to complete the sale nor paying the balance consideration despite me fulfilling all the requirements for registration. So I sent them (purchasers) notice stating the facts and also given
ultimatum to complete the sale within 45 days failing which the sale agreement shall stands cancelled. The purchasers have acknowledged the notice but haven't replied even after one year of the notice being served..
Since the sale agreement is registered how do I get the sale agreement cancelled in the books of the sub registrar. I'm even ready to repay the advance amount which is paid to me..

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Quick Summary

A seller wishes to cancel a registered sale agreement for agricultural property after the buyer failed to complete the purchase within the agreed timeframe. Despite sending a notice with an ultimatum, the buyer has not responded. The seller is seeking to cancel the registered agreement and is willing to refund the advance payment. Legal advice suggests initiating a civil court suit to obtain a cancellation order, which can then be registered.

T. Kalaiselvan, Advocate (Expert) 20 April 2025
To cancel a registered sale agreement when the buyer is uncooperative, the seller can initiate a legal suit in a civil court, providing evidence of the buyer's non-cooperation and breach of contract. If the court finds in favor of the seller, it can pass a judgment for cancellation of the sale agreement, and if the registrar has been impleaded as party to the suit then a direction to the registrar may also be given to register the cancellation deed cancelling the registered sale agreement, if not then you can get the registered cancellation deed executed through court.

kavksatyanarayana (Expert) 20 April 2025
Though you have notified the parties, they acknowledged that you can file a suit to cancel the sale agreement. If the court orders the cancellation of the sale agreement, you can execute the cancellation deeds with the court orders.

naveenraj jain (Querist) 20 April 2025
Thank you for the valuable information

Dr. J C Vashista (Expert) 21 April 2025
In terms of agreement the buyer did not fulfil his contractual obligation and you have already notified it by cancellation of the agreement, there is no requirement of filing a declaratory suit qua its cancellation.

P. Venu (Expert) 07 May 2025
The seller, admittedly, has repudiated the agreement and hence, it is not enforceable. As there is no conveyance of property, it is unnecessary that the registration of the agreement be cancelled or annulled.

T. Kalaiselvan, Advocate (Expert) 14 May 2025
Unless the registered sale agreement is not cancelled by a court order or by a registered cancellation deed, the subsisting encumbrance cannot be removed.

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