How to cancel a deed of gift for a share in an apartment, is it possible to revoke a deed of gift for a share in an apartment?

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When drawing up a gift agreement, few people think about the possible termination of the transaction. However, sometimes circumstances force the contract to be cancelled. The initiator may be one of the parties to the agreement or third parties. For example, the heirs of the donor after his death. Let's consider the main reasons, methods and procedures for terminating a transaction.

Is it possible to revoke a deed of gift for a share in an apartment?

The law provides for the possibility of canceling a previously concluded transaction. The grounds for terminating a donation agreement for a share of an apartment are often specified in the agreement. However, the absence of such a clause does not prevent the donor, beneficiary or third parties from going to court.

Grounds for cancellation of a gift agreement

Termination of a deed of gift is permitted on the following grounds:

1. Significant deterioration in the financial situation of the donor. For example, the donor has no other property. By agreement with the beneficiary, he must retain the right to use the housing. However, soon the new owner began demanding to move out of the apartment.
2. An attempt by the recipient on the life of the donor. This may include periodic/regular beatings or an attempt to kill. Such facts must be confirmed by relevant documents within the framework of the criminal case.
3. Negligent attitude towards the property. Sometimes the property is of particular value to the donor. Its destruction or leaving it in a neglected state may result in legal proceedings.
4. The sham/pretense of the transaction. Sometimes parties to a transaction use various tricks to cut costs. A deed of gift often hides a purchase and sale agreement.
5. The agreement was concluded under pressure. Quite often, such agreements are concluded as a result of psychological or physical pressure. The use of any kind of violence is a valid reason for challenging the transaction.

If the donor was an individual entrepreneur, then termination of the gift agreement is permitted as part of the bankruptcy procedure. no more than six months have passed since the alienation of the property .

Another reason for unilateral termination of a transaction may be the death of the recipient. For example, if he dies earlier than the donor (Article 578 of the Civil Code of the Russian Federation).

Example. Citizen S. wrote down part 1-room. apartments for my brother. However, the contract included a clause that the property would be returned if the donor outlived his relative. There were friendly relations between the brothers. Whereas the beneficiary's wife was stressed by his brother.

Five years later, the recipient died. His wife was going to inherit, sell the apartment and leave the city. Long before receiving the certificate, the woman began to actively look for buyers. The donor decided to return the donated share. The woman refused to make contact.

Methods for canceling a deed of gift

Cancellation of a deed of gift occurs in two ways - by agreement of the parties and as part of legal proceedings. The parties to the transaction may terminate the contractual relationship by concluding a new agreement.

If one of the parties to the transaction refuses to resolve the issue voluntarily or the donor has died, then the contract is terminated in court. The donor's heirs can file a claim.

How to cancel or terminate the donation of a share in an apartment without court

The parties to the agreement can resolve the issue peacefully. The procedure for terminating a gift agreement is the same as when concluding it. The parties to the transaction need to draw up a new agreement, have it certified by a notary, and re-register ownership of the property to the donor. Ongoing costs are usually borne by the initiator of the procedure.

Procedure

The algorithm of actions of the interested party depends on the method of terminating the gift agreement. Voluntary order:

1. Conduct of negotiations.
2. Preparation of documents.
3. Contacting a notary.
4. Conclusion of a new agreement.
5. Re-registration of ownership rights to the donor.

Procedure

Most often, the initiator of the cancellation of the gift agreement is the previous owner of the property. The reasons may vary. One of them is the deterioration of the financial situation. The donor will have to contact the beneficiary and negotiate with them. The recipient may enter into his position and agree to terminate the transaction.

The parties to the transaction will have to prepare a draft of a new agreement and visit the notary again. Following the transaction, the parties to the agreement will have to re-register documents in Rosreestr.

Documentation

To conclude an agreement to terminate a deed of gift you will need:

1. Original donation agreement.
2. Passports of the parties to the transaction.
3. Documents for the property.
4. Receipt for payment of the state fee.

Expenses

A state fee is charged for notarization of transactions. Termination of gift agreements is no exception. The fee for certifying transactions that are not subject to assessment is 500 rubles. (Article 333.24 of the Tax Code of the Russian Federation).

Separately, the parties to the transaction will have to pay for notary services. Details about the cost of services must be clarified at the time of the transaction in a specific region.

Deadlines

The voluntary procedure for terminating a gift agreement does not provide for any deadlines. Participants in a transaction can contact a notary at any time and enter into a new agreement. However, here it is necessary to take into account the basis for canceling the contract. If there are no reasons for terminating the transaction, then the recipient is not obliged to enter into a new agreement.

Sample agreement on termination of a gift agreement

Below is a sample document:

Download a sample agreement on termination of a gift agreement

How to cancel or terminate the donation of a share in an apartment through the court

The forced procedure for terminating a contract is somewhat different from the previous option. The plaintiff needs to carefully study the provisions of the contract.

If the document contains grounds for unilateral termination of contractual relations, then they must be reflected in the statement of claim. If the agreement does not contain anything like this, then you should turn to the law.

For example, an agreement can be challenged due to the commission of a crime against the donor or the death of the recipient.

Procedure

Algorithm of actions of the plaintiff:

1. Preparation of documents.
2. Filing a claim in court.
3. Participation in legal proceedings.
4. Obtaining a court decision.
5. Re-registration of property rights.

If the initiators of the legal proceedings were the donor's legal successors, then after the court decision is made, his property is included in the inheritance. The procedure for inheriting the assets of a deceased subject is determined by law.

Procedure

The claim is filed in the district court at the defendant’s place of residence. If its address differs from the location of the apartment, then the link goes to the property. Written evidence of the stated claims is attached to the claim. Otherwise, the court will refuse to satisfy the claim.

The plaintiff will have to attend the hearing in person or have a lawyer present. Based on the results of the trial, the court will make an appropriate decision. The parties are given a month to appeal. After the expiration of the period, the procedural document gains force. If the court's decision is positive, then the defendant will have to return the property or its value.

If the court denies the claim, the plaintiff is left with nothing.

If an appeal is filed, the procedural document gains force based on the results of its revision. The court decision comes into force on the day it is announced by the panel of judges.

Statement

When preparing a statement of claim to challenge a gift agreement, you must be guided by the provisions of the Code of Civil Procedure of the Russian Federation. Failure to comply with the established form may lead to the immobilization of the claim.

A standard sample can be downloaded from the website. However, without specialized education, it is advisable to use the services of a lawyer. He will study the factual circumstances of the case and transfer them to paper.

Below is a sample document:

 

How many copies of the statement of claim should there be? The plaintiff must proceed from the number of participants in the trial.

If there are two participants (plaintiff/defendant), then three claims must be filed. One copy will be for the court.

Download a sample claim for termination of a gift agreement

Documentation

The grounds for termination of the transaction may be specified in the gift agreement or the law. The list of documents depends on the actual situation. For example, the recipient committed a crime against the donor or the owner of the property did not understand the consequences of his actions at the time of signing the agreement. Basic papers:

1. A copy of the plaintiff's passport.
2. Extract from the medical history.
3. Results of forensic psychiatric examination.
4. Resolution to initiate a criminal case.
5. Court verdict in a criminal case.
6. Certificate of inspection of residential premises by authorized persons.
7. Photos, video materials.
8. Other written evidence.

The list of documents is not exhaustive. More detailed information can be obtained from a specialized lawyer.

Expenses

When filing a claim of a property nature, but not subject to assessment, a fee of 300 rubles is withheld. (Article 333.19 of the Tax Code of the Russian Federation).

Additional costs may be caused by the participation of a lawyer, calling witnesses, filing an appeal against the decision of the first instance court.

Deadlines

The mandatory procedure for terminating transactions largely depends on the statute of limitations. Missing it may result in denial of claims. The statute of limitations for voidable transactions is 1 year ( Article 181 of the Civil Code of the Russian Federation).

The countdown of time begins from the moment of termination of the circumstances under the pressure of which the agreement was concluded (threat, violence).

Claims to declare a transaction void are filed within three years . A similar period is established for filing an application for application of the consequences of the invalidity of a void contract.

If necessary, the question of extending the deadline for protecting the violated right can be raised. For example, if the plaintiff was ill for a long time, studied or lived abroad, or was on a long business trip (Article 205 of the Civil Code of the Russian Federation).

Can a creditor challenge the donation of a share of an apartment?

The donor's creditors have the right to file a lawsuit to declare the transaction invalid. For example, if the debtor is an individual entrepreneur and bankruptcy proceedings have been initiated against him. Such transactions are sometimes concluded with the aim of avoiding fulfillment of obligations to creditors.

If the gift agreement was concluded no more than six months ago, the court may declare it invalid. The surrendered property is returned to the donor and included in the bankruptcy estate (Article 61.6 of Federal Law No. 127-FZ).

If the beneficiary managed to sell the property, then he is obliged to return its value at the time of registration of the deed of gift.

Cancellation of a gift agreement occurs by agreement of the parties or in court. The donor, beneficiary or heirs of the previous owner of the property can initiate legal proceedings.

There may be several reasons for terminating a transaction. Often the reason for the unilateral termination of contractual relations is indicated in the contract. You can get preliminary consultation on the issue of termination of the transaction on our website.

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Is it possible to challenge a deed of gift for an apartment or house | Legal Advice

Last updated September 2023

Is it possible to challenge a deed of gift? This question often arises among relatives of the donor, who are dissatisfied with the fact that property (usually real estate) is in the ownership of a stranger.

A deed of gift is a gift agreement and can be drawn up not only in favor of relatives, but also of persons without family ties. Usually relatives who did not receive the expected inheritance after the death of the donor are dissatisfied with this fact, so in such cases the question arises whether it is possible to challenge the deed of gift.

The transfer of the right to an apartment under a deed of gift must be registered with the Registration Chamber (administration), only in this case the ownership right passes to the DONE.

If the deed of gift is drawn up according to all the rules, the donor can challenge (revoke) the donation in the following cases:

• after the death of the donee, that is, the donor outlived the donee
• when the object of donation (gift) is kept in poor condition - for example, the recipient has set up a hangout in the donated apartment or does not comply with sanitary standards
• if there is a risk to the health and even life of the donor on the part of the new owner of the apartment or house

The deed of gift can be revoked strictly in court , that is, the donor must prove that damage has been caused to his health or the donated apartment.

In the event of the death of the donor , if it occurred as a result of the actions of the donee, relatives can challenge the deed of gift.

When a deed of gift is invalidated

There is also the possibility of recognizing the deed of gift as illegal or void. Both the donor himself and other persons can apply for this.

The contract should not contain additional conditions

Both realtors and notaries know this and do not allow any additional conditions to be specified in the gift agreement that would invalidate the deed of gift or would not allow such an interpretation by the Registration Authority:

• It cannot be stated that the property passes to the new owner immediately after the DONOR'S DEATH. This condition makes the deed of gift illegal, and the legal rules relating to inheritance apply to the property. That is, there is no need to challenge such a deed of gift - it is invalid.
• It cannot be stated that the donee undertakes to PROVIDE THE DONOR MATERIALLY for life (maintain, etc.), to provide lifelong care for him (for example, if he is sick and of advanced age); this is an annuity agreement, not a gift.
• If you include in the agreement such a condition as the possibility of the DONOR LIVING in the donated apartment until death, then such an agreement may be rejected by the registering authority, since it contains elements of a rent agreement.

But, if, for example, a retired donor donates his only home, if a lawsuit is filed, such an agreement may be declared invalid due to unfavorable conditions for the donor. And if there is any doubt that the donor may end up on the street, it is better to write such a clause in the agreement and insist on its registration in the Registration Chamber.

A deed of gift is considered invalid if it is given to a certain category of persons

In particular, there are several categories of persons who cannot be donees, that is, if real estate is donated to such a person, you can go to court and challenge the gift agreement:

• civil servants in connection with the implementation of their activities
• guardians and trustees, as well as other representatives of minors or incompetent persons in relation to the property of wards
• personnel of medical or social institutions (doctors, nurses, teachers, social workers, etc.) in relation to the property of people staying in these institutions

Another case when a deed of gift can be challenged is if the donor is a legal entity and donated property to avoid its seizure during bankruptcy.

Can relatives challenge the deed of gift?

It is impossible to challenge a deed of gift, drawn up and executed in accordance with all the rules, DURING THE LIFE OF THE DONOR. That is, if your grandmother, for some merit or out of personal sympathy, gave her apartment to a neighbor, and she continues to live in this apartment, then nothing can be done. The grandmother, provided that she is legally capable, disposes of any of her property herself.

In order to return a donated apartment, valid grounds are required, which the court, when considering the case, considers sufficient to invalidate the deed of gift. During the life of the donor, relatives can challenge the legality of the gift in court in the following cases:

• if the donor was officially deprived of legal capacity at the time of drawing up and signing the document
• if the person was in an inadequate state, for example, under the influence of drugs or alcohol
• if there was pressure on the donor from third parties

1. The donor did not have the right to dispose of the disputed object

The position may be based on the absence of registered property rights; there was a judicial act invalidating the basis for the emergence of property rights (for example, the purchase and sale agreement was declared invalid). In this case, you will have to prove that he was the legal owner.

2. The donor did not obtain the consent of the spouse for the gift

If the donor gave a piece of real estate acquired during a legal marriage, without the official consent of the spouse. It is worth proving that either such consent was not required (the property was not jointly acquired), or that in fact the spouse agreed.

3. The recipient knew about the lack of consent of one of the co-owners of the object for the donation

An important question is whether the new owner initially knew that the transaction violated the legal requirement to obtain consent.

• If he knew (or it is clear that he should have known, for example, the impossibility of obtaining consent was discussed in front of him), then he is the same violator of the law as the donor.
• If he didn’t know, then he was a bona fide purchaser and was himself misled.

• This means that if they demand to challenge the deed of gift because the recipient of the gift was aware of the violation of the law, in contrast it is necessary to prove that he did not know about the lack of consent to the gift of the other owners.
• If the plaintiff does not provide indisputable evidence of the knowledge of the new owner, it is necessary to draw the court’s attention to the fact that there is no evidence and point out that the plaintiff’s position is unfounded and unsubstantiated.
• 4. If the donation is made by deceiving the donor (fraud)
• The donor can be deceived by both his acquaintances and strangers.

Example: A woman’s son is in prison. Former cellmates may promise to resolve the issue of early release and ask for a gift of an apartment for their services.

Such a donation can be declared invalid on the grounds that these persons are not able to resolve such an issue, they simply took advantage of the emotional state of the donor and voluntarily forced such a transaction.

5. It will not be superfluous to prove that:

• The donor did not take any actions aimed at canceling the donation or registration of the deed of gift (we confirm that there is no evidence of such actions).
• The plaintiff is not an interested party, therefore, does not have the right to demand that the donation be invalidated (we are looking for the absence of evidence of the plaintiff’s interest).

If the donation is disputed as an imaginary or feigned transaction (Article 170 of the Civil Code of the Russian Federation)

If the donation was imaginary or feigned, for example, for the purpose of tax evasion or to cover up another transaction.

• An imaginary deal is a deal that didn’t actually happen. Let's say that in relation to the imaginary donor there is a court decision on the collection of funds; he has property, say, an apartment, which can be foreclosed on. He enters into a gift agreement with a friend (brother, matchmaker), but in fact continues to use the housing himself. Such an agreement was concluded for the purpose of evading debt payment and is fictitious.
• A sham transaction is a transaction that covers up another transaction with a different legal essence. For example, if before drawing up a deed of gift for a residential property, the parties agreed on some payments to the donor (payment of utilities, provision of material assistance, transfer of funds), then the form of donation actually hides a sale or rent.

We prove that the residential premises have actually been transferred to the donee, he has assumed the rights of the owner (we confirm this with a certificate of title, witness testimony, payment of utilities, property taxes, telephone and Internet contracts on behalf of the donee, etc.).

If they try to prove that the donor, being legally capable, still did not understand the meaning of his actions and did not direct them (under Article 177 of the Civil Code of the Russian Federation)

The presence of diseases that caused inappropriate behavior or affected the condition in such a way that the donor did not understand the meaning of his actions

Example: The donor abused alcohol, but was not registered with a drug treatment clinic.

The court will have to establish whether these circumstances occurred at the time of signing the deed of gift, and not before and after it. It is necessary to prove that when signing the agreement, the donor understood the significance of his actions and could direct them - it is advisable to ask for an examination, forensic psychiatric (including posthumous)

There will be no grounds to recognize a gift as invalid if:

• the donor was not declared incompetent
• was aware of the nature of his actions

(Appeal ruling of the Moscow City Court dated August 14, 2013 in case No. 11-22626.) It will be useful to draw the court’s attention to the fact that the donor signed the agreement himself, which can be confirmed by witnesses, a notary (if there was one!), and a handwriting examination.

If a donation is recognized as being made under the influence of a mistake (under Article 178 of the Civil Code of the Russian Federation)

If the donor did not understand all the consequences of the actions taken, for example, the grandfather was not explained that after donating the apartment to his neighbor, his grandchildren would not be able to use this apartment. Often the arguments boil down to:

The donor had no intention of donating the apartment because he did not understand the legal nature of the agreement. We are looking for evidence that the donor was not mistaken about the essence of the gift:

• for example, he signed a power of attorney for the alienation of an apartment and the donation agreement itself
• we prove the normal state of health of the donor (it is worth involving witnesses and attending physicians, we present medical documents, you will probably have to turn to a forensic psychological and psychiatric examination)

If the deed of gift is concluded on unfavorable terms for the donor. The courts establish:

• objectivity of the reasons for donation, taking into account the age and financial situation of the donor
• whether the donor’s only home was the donated one
• does the agreement take into account the right of lifetime use by the donor of the premises?

Cancellation of a gift agreement - LEGAL CONSULTATIONS

Degtyareva A.G. (12/13/2017 at 20:06:09)

~~Hello, dear Alexey! The Code of Administrative Offenses of the Russian Federation regulates administrative offenses and related legal relations. The gift agreement refers to transactions and is regulated by the Civil Code of the Russian Federation (Civil Code of the Russian Federation). You, as the owner of 1/5 share in 3 rooms. sq. has the right to give it to his son in accordance with the provisions of the Civil Code of the Russian Federation.

According to the attachment: we are talking about the fact that the magistrate is considering an administrative case under Art. 6.1.1. Code of Administrative Offenses of the Russian Federation, according to which physical. a person is accused of causing bodily harm to another person, which did not entail consequences for the qualification of his actions under Art. 115 of the Criminal Code of the Russian Federation.

This article provides for: beating or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of the Criminal Code of the Russian Federation, if these actions do not contain a criminal offense, - entails the imposition of an administrative fine in the amount of five thousand to thirty thousand rubles, or administrative arrest for a period of ten to fifteen days, or compulsory work for a period of sixty to one hundred and twenty hours. If you need more detailed advice, please contact, incl. to my email address. mail. Good luck!

I would appreciate your feedback. I hope it was useful. Best regards, [email protected]

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Cancellation of a gift agreement

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Author of the article: Petr Romanovsky, lawyer Author rating: 5 Articles written:  540

Cancellation of a gift agreement is a rather complicated procedure. The concept of “deed of gift” (or gift agreement) refers to a legal document on the basis of which one individual transfers his property to another (voluntarily and free of charge). Such an agreement must be signed and certified by a notary, and the parties to the transaction are called “donor” and “done.”

Like all legal acts, the document has certain details:

1. form (filled out according to the template established by law);
2. signatures of all parties to the transaction;
3. mandatory state registration.

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So, the deed of gift is executed exclusively in writing and requires mandatory registration with government agencies. An agreement that has not passed the registration stage is considered invalid.

According to the Civil Code, there are several options for a new owner to take ownership.

1. after registration by government authorities;
2. on a certain day;
3. on the day of any important event (the recipient’s birthday, school graduation, wedding, etc.).

All legislative nuances of the gift agreement can be found in Chapter 32 of the Civil Code.

Recently, quite a lot of clients have been contacting law firms asking whether it is possible to cancel a deed of gift. This is exactly what we will talk about next.

How can the donor cancel the contract?

Of course, the question most people ask is whether a deed of gift is retroactive. It should immediately be emphasized that none of the parties to the donation procedure has the right to cancel the deed of gift only at their own individual request. There are only two cases on the basis of which a deed of gift can actually be annulled:

1. Mutual consent of persons
2. Court

Russian legislation establishes the following reasons that are significant for terminating a gift agreement:  

1. If an attempt was made on the life of the donor by the donee. The reason is significant for an application to the court even if the new owner has made an attempt on the life and safety of the donor’s family members, as well as his relatives.
2. If the donee, with malicious intent, caused physical harm to the donor.

* If the donor’s death occurs due to the fault of the donee, then the heirs of the donor have the right to demand cancellation of the deed of gift.

1. If the donee's handling of the property threatens the irretrievable loss of this property.
2. If the donor’s living conditions have deteriorated significantly (naturally, such a state of affairs due to the fault of the donor himself is not taken into account). Acceptable reasons include theft of property, destruction of housing by natural disasters, and serious illness.
3. Death of the donee. However, it is necessary to remember that cancellation of the contract in such an outcome is possible only with the timely registration of a special clause regarding the death of the donee and the fate of the property as a result. If such a condition was not stated in advance, then the heirs of the donee become applicants for this property.

What way out of the situation should be sought if, for the reasons listed above, the donor was unable to return his property? Experts advise focusing your energy on canceling the deed of gift.

The donor has the right to cancel the donation if the donee

• Optimism can be given at least by the simple fact that in Russian judicial practice quite often a gift agreement is canceled precisely after it has been challenged.
• So, you can revoke a deed of gift by taking advantage of mistakes and violations made when concluding a legal act.
• We bring to your attention cases when a gift agreement can be annulled:

There is no state registration.

If the Federal Registration Service was not involved when concluding the agreement, then the donor remains the full owner of the property, who can do whatever he wants with it.

There is state registration, but there are other violations:

1. The contract states that the recipient must perform some service or pay a certain amount for the gift received. Since this contradicts the condition of gratuitousness and becomes a will, the agreement loses its legal force;
2. The contract states that the donated property passes to the new owner after the death of the donor. Such a condition characterizes the document as a will, and not as a gift, so it can be canceled;
3. taxes are not paid. If there is evidence that the deed of gift was only a false document for the purpose of selling an apartment or house, then the document will be immediately canceled;
4. exceeding one's powers. This refers to officials who, due to their position, are able to influence the life and safety of the donor, as well as his close and distant relatives and family members;
5. the co-owner of the donated property has not legally certified his consent;
6. the donor did not sign the document (intentionally or accidentally). Even experienced lawyers sometimes experience such embarrassment. Of course, if such a glaring error is discovered, the contract immediately loses its force;
7. rendering a verdict on the incapacity of one of the parties to the transaction. When the document was signed, one of the participants in the donation process could be drunk or in a state of drug high. Here you will definitely need medical certificates and accurate testimony of witnesses;
8. incorrect registration of contact or other personal information. Even one single incorrect figure is a strong argument in favor of terminating the deed of gift.

Cancellation of a donation is permitted in cases

If two donees and one donor were involved in the legal process of donation, then such a deed of gift can be revoked on the same points that relate to one donee. However, in this case there are some nuances.

A situation may arise where the reasons why the donor has the legal right to cancel the contract concern only one of the donees. Then it all depends on how the ownership was formalized:

1. if common property has been registered and two donees share one property, then the deed of gift is cancelled. The donor and the donee who has not violated the law become joint owners;
2. if each donee owns his own share of the property and has a certificate to this effect, then after the cancellation of the gift agreement, part of the property and the legal right to it is returned to the donor.

Of course, experts advise concluding separate agreements for each recipient, so that later, if they want to cancel the agreement, it will be easier to carry out legal procedures.

Is it possible to cancel an apartment donation agreement?

Before answering the question “ is it possible to cancel a deed of gift,” you need to consider two existing types of deeds of gift:

1. A deed of gift, according to which the property of the donor is transferred free of charge to the recipient.
2. the apartment after a certain period of time .

In the second case, the donor has the right to terminate the fulfillment of obligations and revoke the deed of gift . However, this can only be done until the apartment is registered as the recipient’s property, that is, before the contract expires.

It is not necessary to file an application with the court on behalf of the donor, however, there are often cases when the donee himself filed a lawsuit, demanding the fulfillment of obligations under the gift. You should be prepared for the fact that if the contract is canceled legally, the judicial authorities most often rule in favor of the donor.

When can I return the donated apartment ?

A signed agreement to donate an apartment can only be terminated if the donor can provide legal grounds for this. For example:

1. The donee deliberately tried to take the life of the apartment owner or one of his family members. If the attempt led to the death of the donor, the relatives (successors) of the deceased can file a claim with the judicial authorities.
2. The recipient suffered significant damage to the health of the donor.
3. In the case of a markedly careless attitude towards an apartment that is very dear to the donor in intangible terms (for example, if it is a family value, the place where the donor’s family came from).
4. If the donor is a representative of a legal entity that was declared bankrupt no later than six months after the donation was made.
5. If the donor survives the donee. In this case, the apartment is returned to the original owner if such a condition is present in the text of the agreement.
6. The contract is officially declared invalid, for example, concluded on illegal grounds. Also, the reason for termination of the contract may be the proven fact that it was not signed voluntarily (using threats, deception, hypnosis, etc.).

All of the above cases are completely legal and compelling reasons for going to court and initiating a case. In this case, the plaintiff almost always wins and achieves a decision to cancel the deed of gift .

Other grounds for canceling a donation

The agreement can be canceled if the donor, by chance, lost his home or found himself in difficult living conditions. However, the judicial authorities will consider such a situation only if the application is accompanied by testimony of witnesses and other documents confirming the innocence of the donor and the justification of his application.

Another way to cancel a deed of gift is to transfer the property to the donee only after the death of the donor. In this case, the action switches to another legislation - inheritance of real estate.

Situations when the agreement can be canceled automatically (will be declared invalid):

1. Agreements not subject to current legal rules and regulations.
2. Fictitious transactions.
3. Agreements signed by minor citizens or incapacitated people.
4. Erroneously concluded agreements, under the influence of delusion, threats, difficult psychological situations.
5. Other situations that call into question the fairness of the signed agreement.

Ways to cancel a deed of gift for an apartment

In practice, it is quite simple to revoke a deed of gift , since the signing of a gift agreement is considered one of the traditional civil law transactions. They are terminated if one or more general conditions of the conclusion have been violated.

You can refuse to fulfill your obligations if you find an error or inconsistency in the text of the agreement.

1. The first stage at which it is possible to return the apartment to the donor is state registration. If the Registration Chamber for some reason refuses to register the apartment , it remains the property of the donor, and the recipient of the gift has no rights to it.
2. The agreement becomes invalid if the principle of gratuitousness is violated during signing. For example, the donor demanded that the donee perform some service for him in exchange for receiving real estate.
3. If a sale is made under the guise of a gift, that is, the donor thereby evades paying state taxes, the transaction is automatically canceled.
4. If a corrupt component of the contract is discovered - for example, the donee is an official who uses his official position for personal purposes, it is possible to cancel the deed of gift for the apartment .
5. An agreement is considered invalid if it lacks the signatures of one or more parties to the agreement, or if there is no written consent of one of the owners of the joint property (apartment).
6. The transaction will be canceled if witness testimony is provided that the participant(s) in the agreement was intoxicated or under the influence of drugs. You cannot do this without a certificate from a medical institution.

How to cancel a deed of gift for an apartment after the sale

If the donated apartment is sold to third parties after the conclusion of the contract, it is almost impossible to win a claim to declare the agreement unfair. Victory in court will only be possible when irrefutable evidence of fraud in the drawing up of the agreement or the subsequent sale is provided.

Since there will be third parties involved in the case (sometimes completely unaware of fraud and legally buying real estate), this makes it much more difficult to find a solution. It is also difficult to prove the involvement of other persons in fraudulent transactions.

In legal practice there are both positive and negative decisions for canceling the donation of an apartment.

Is it possible to challenge a deed of gift for an apartment and on what grounds?

Article updated: April 17, 2018

Civil law protects the interests not only of the donor, but also of other persons.

They may demand that the gift be canceled or that the gift agreement be declared void, that is, not entailing consequences.

There are several reasons for this, and all of them are defined by the Civil Code of the Russian Federation. There are also reasons why donations will not be accepted for registration at all.

The content of the article:

• a guardian (legal representative) does not have the right to donate an apartment on behalf of his minor (under 14 years old) or incompetent ward (Part 1 of Article 575 of the Civil Code of the Russian Federation);
• an employee of the guardianship and trusteeship authorities, educational organization, medical institution does not have the right to accept an apartment as a gift from a person who is in one of these institutions for treatment or education (Part 2 of Article 575 of the Civil Code of the Russian Federation);
• a state or municipal employee does not have the right to accept a gift of an apartment as a reward for a service or work performed (Part 3 of Article 575 of the Civil Code of the Russian Federation).

These grounds are established by the Civil Code as general grounds for canceling a transaction and declaring it invalid. The consequences of such recognition is the return of the state that existed before the situation: for example, the return of the apartment back to the donor.

• if the gift agreement was executed incorrectly or illegally (Article 168 of the Civil Code of the Russian Federation); This refers to violation of the form and procedure for signing the contract, lack of registration of the apartment, etc.
• if the donor was incapacitated at the time of registration of the gift of the apartment (Articles 171, 177 of the Civil Code of the Russian Federation); Article 171 of the Civil Code of the Russian Federation implies that the donor was under the influence of a mental disorder at the time of signing the gift agreement. Article 177 of the Civil Code of the Russian Federation determines the reason, such as the donor’s legal capacity, but lack of awareness of his actions at the time of donating an apartment, for example, in the stage of intoxication. It takes into account whether the person understood what actions he was taking.
• if the person to whom the apartment was presented deliberately caused bodily harm to the donor , and also committed an attempt on his life, on his family members or even his close relatives (Part 1 of Article 578 of the Civil Code of the Russian Federation);
• if the gift agreement was actually signed to cover up some other transaction (Article 170 of the Civil Code of the Russian Federation); The so-called “sham” or “imaginary” transaction is carried out to cover up another transaction. For example, in order to avoid paying taxes, the buyer and seller of an apartment decided not to formalize the purchase and sale of an apartment, but rather a deed of gift.
• if the gift agreement was signed due to a threat, under pressure and against the will of the donor (Article 179 of the Civil Code of the Russian Federation), i.e. under duress;
• if the donor misunderstood the essence of the donation transaction ; For example, the grandfather did not realize that he was giving away his apartment or this was not explained to him, thereby hiding the essence of the transaction from him.
• if there is no consent of the legal spouse in the case of donation of jointly acquired property ; This consent must be formalized by a notary. If the donee’s property was acquired by one of the spouses before marriage, then consent is not required.
• if the recipient treats the apartment improperly (Part 2 of Article 578 of the Civil Code of the Russian Federation); The actions of the recipient can be anything, but they must jeopardize the condition of the apartment. For example, he starts fires inside over and over again.
• if the recipient has died, but the donor has not yet died (Part 4 of Article 578 of the Civil Code of the Russian Federation). However, such a condition must be specified in advance in the gift agreement. A person cannot simply take the apartment back to himself as soon as the recipient dies. In this case, he can demand that the rights to the apartment be transferred back to him.

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Based on Article 181 of the Civil Code of the Russian Federation, a deed of gift can be canceled no later than 3 years from the date of the transaction and no more than 1 year from the date of filing a statement of claim to cancel it. But if suddenly the donor decides to revoke the gift, and the recipient opposes this, causing intentional harm to the health of the donor, then the deed of gift can be challenged even after 5 years.

How to challenge a deed of gift for an apartment: basic methods

1. If the gift was made illegally. In the case of donating an apartment, the agreement must be subject to mandatory state registration, in accordance with the provisions of Article 574 of the Civil Code of the Russian Federation.

   In this case, in order to challenge the apartment donation agreement, there is no need to take any fundamental actions: without the appropriate state registration, such an agreement is considered void.

   This means that the apartment continues to remain the property of the donor.

2. If the donor was incapacitated at the time the gift was made.

   In this case, the executed gift agreement can be challenged in court.

   It is necessary for an authorized person (this may be the legal representative or guardian of the donor) to file a claim in court .

   The statement of claim should also be accompanied by documents confirming that the donor was insane at the time of registration of the deed of gift: a certificate from a doctor, examination results or other evidence.

   After this, a court hearing is scheduled at which the case is considered on its merits. If the claim is satisfied, the gift agreement is declared void, and the apartment becomes the property of the donor. However, the donor is obliged to reimburse all expenses incurred by the donee in relation to the apartment during the period when the apartment was at his disposal.

3. If the recipient treats the apartment improperly.
4. If the donee in any way attempted to cause harm to the life and health of the donor or his loved ones.

In these two cases, issues of cancellation of the gift are resolved exclusively through the court - this is indicated by the relevant parts of Article 578 of the Civil Code.

A statement of claim is written in the name of the recipient with a request to cancel the gift agreement in a forced judicial manner, indicating the basis on which you make such a decision.

The claim must indicate in detail the details of the agreement, as well as describe the situation itself that arose after its signing: when and what kind of misunderstanding occurred between the donor and the donee.

The lawsuit is filed in district court, where a trial date is set. Along with the claim, documents confirming the identity of the applicant (passport), all evidence collected by him (possible letters, photographs, in the event of an attack by the recipient - certificates from law enforcement agencies, records of interrogations and statements to the police, and other documents; in case of death) must be submitted recipient - death certificate).

Cancellation or challenge of the apartment donation agreement can be carried out by the person interested in this. However, in any situation you need to go to court. After all, a correctly drawn up and registered agreement causes legal consequences, which can only be canceled in the manner established by Russian law.