How to cancel a gift? The reasons why the deed may be revoked. Arbitrage practice

In modern Russia, the practice of transferring property to each other under gift agreements has developed. Such a step saves the population from most problems in the future. For example, donated property is not subject to division. So, getting a divorce will be much easier if necessary. But sometimes you have to think about how to annul the gift. Does the population really have such a chance? And if so, how can it be implemented? The answers to all these questions and not only will be found below. If you correctly approach the solution of the problem, then it will not cause much trouble.

The concept of a gift contract

What is called a gift? Why is it needed?

Under a gift agreement, it is customary to mean a deal to transfer property from the owner to new owners as a gift. That is, at no cost.

As already mentioned, such operations have become enormous in Russia. Firstly, the donated property is considered personal and is not divided in marriage. Secondly, such a solution often helps to resolve hereditary disputes. A deed of giving a relative to an apartment is a common occurrence. Only sometimes you have to think about canceling the transaction. Is such an operation possible?

Types of agreement

It is important to understand that modern Russian legislation identifies several scenarios. You can cancel the gift agreement or cancel it.

It is also necessary to find out what are the gifts. Among them are:

1. Ordinary gift contracts. According to them, the property becomes the property of the new owner immediately after signing the agreement.
2. With obligations. In this case, the donor is obliged to transfer the property to the person in the future. This option is not very welcome in practice. After all, abandoning it is easier than canceling or canceling the contract. The donee is skeptical of this type of agreement.

In any case, it is necessary to have certain grounds for canceling the gift or its cancellation. What could be the reason for the implementation of these operations?

About cancellation

Let's start by canceling the current agreement. Usually this step is applied in practice until the transaction is canceled. The main condition is the proof of certain circumstances. Otherwise, the cancellation will not take place.

If a donation for an apartment or other property has occurred, then it can be recalled in the following situations:

1. The donee threatens or directly harms the donor or his family. This also includes insults to these individuals.
2. A person to whom property was transferred under a gift agreement, carelessly treats the gift, destroys it. It is important that the object was initially of value to the donor.
3. The passing of the person receiving the gift. Such a basis does not always occur, but only when the terms of the gift agreement provide for a clause on the return of the property to the donor upon the death of the recipient.
4. A sharp, independent of the donor, deterioration of the financial situation of the previous owner of the property. That is, if a large amount of money was stolen from a person after signing a donation or disability / long-term incapacity for work occurred, the law allows you to cancel the agreement.

Perhaps there are no longer any legal grounds for canceling the current agreement.But the deal is allowed to be declared invalid.

About cancellation

Is it possible to annul a gift? As already emphasized, such a chance does occur. But do not confuse it with the cancellation of the current agreement. During the cancellation of the operation, a violation of the civil law rules in force in the country is usually implied. In other words, the transaction will have to be declared invalid.

It is clear whether it is possible to annul the gift. But what is the basis for this action? For example:

1. Inaccuracies and typographical errors in writing the deed of gift. Incorrect initials, addresses and contacts - all this gives rise to invalidation of the transaction.
2. Lack of registration of the agreement in Rosreestr. But such a scenario is possible if there are other reasons for the cancellation of the gift agreement that have been brought to attention.
3. When the donor insists that the gift be transferred to the donee’s property only after the death of the first. The legislation of the Russian Federation provides for such cases a different operation - a will.
4. The contract is signed under any influence. This includes blackmail, threats, and the use of official position.
5. When there is no notarized consent of other property owners to donation. Most often, this option occurs in the preparation of spouses who donate to the common property.
6. If it is possible to prove the fact of evading citizens from paying taxes for transferring the property to a new owner. For example, under the gift was actually meant and there was a sale of real estate.
7. There are no signatures of the parties in the contract.
8. One of the participants in the operation is recognized as incompetent. Alcohol or drug intoxication at the time of the conclusion of the contract, psychological illnesses and the inability to adequately evaluate their actions - all this allows you to cancel the existing gift.

It is important to understand that at the death of the donor, issues related to the recall of gifts are dealt with by potential heirs of property. This is normal practice.

Recency

Making a gift for an apartment is not a guarantee that the gift will remain with the new owner forever. If desired and there are grounds for canceling / canceling the agreement, the former owner has the right to return the property. The main thing is to observe the limitation period for such appeals.

It directly depends on the reason for applying for cancellation or cancellation. A deed of gift for a relative to an apartment, as well as for any other person, can be declared null and void after 1-3 years from the date of its registration.

Cancellation Methods

And how to annul a gift certificate for an apartment? Can a court be dispensed with, or is it necessary to turn to the judicial authorities for help?

Today in Russia, such disputes can be resolved:

1. Peacefully. In this case, the parties agree to cancel the transaction, the donee has nothing against such a step. In practice, such operations are found in exceptional cases.
2. According to the court. This scenario is most likely to occur.

How to act specifically? It all depends on the situation. Often, annulment of gifts means judicial debate.

Action algorithm

And what to do to implement the task in life? How to cancel a gift or cancel it?

To do this, you will have to follow the instructions. It looks like this:

1. Deal with the grounds for the operation. It is recommended to immediately clarify the limitation period for appeals of one or another type.
2. Collect documents to file a claim. Be sure to collect evidence of their innocence in invalidating the transaction.
3. File a lawsuit with your local court.
4. Get a court decision made on the basis of the proposed materials and evidence.

True, as has already been said, registration of a gift for an apartment or other real estate property sometimes implies the peaceful cancellation of an existing agreement. In this case, it is enough to sign a new agreement on recognition of the transaction as invalid at the notary.

findings

From now on, it is clear how to annul the gift. This process requires good preparation. Without it, it will not be possible to regain this or that property. After all, a deed of gift is, as was said earlier, a voluntary decision of the owner.

What documents can be useful to solve the problem? Most often it is:

• a lawsuit with a detailed description of the situation;
• any evidence of their position (certificates, extracts, testimonies);
• claimant's passport;
• gift agreement;
• documents of ownership of property.

If the actions are carried out by the donor’s relatives, a kinship certificate and death certificate of the previous property owner will have to be attached.