More and more often, citizens are considering whether it is possible to cancel a deed of gift. This operation is mainly of interest to people to whom certain objects are transmitted. Indeed, the cancellation of existing agreements entails a number of legal consequences. The main one is the return of property donated by agreement to the former owner. What does the law say regarding the topic being studied? Is it really possible to withdraw gifts under certain circumstances? And if so, how exactly can this be done?
Cancellation and Cancellation
To begin with, you will have to remember that in Russia there are 2 different concepts that mean approximately the same actions. It is about the cancellation of the gift and its cancellation.
In the first case, there must be good reason for conducting an operation of a non-legal type. That is, the contract was drawn up correctly and without violating the law. Can a donation agreement be canceled? Yes! But only if there is a reason!
When the agreement is canceled, its recognition is invalid. The difference lies in the fact that in this case there are real violations in the contract of a civil law nature.
Cancellation Methods
Is it possible to cancel a donation agreement for an apartment? In fact yes. In Russian law, this scenario takes place. And it can be implemented in several ways.
Which ones? Among the methods of canceling a gift agreement are:
- peace agreement;
- court decision.
In practice, the first alignment is extremely rare. Indeed, for its implementation, the donor and donee must agree to cancel the current agreement. In reality, few people independently and voluntarily refuse donated property. Accordingly, disputes will have to be resolved in court.
Reasons for Cancellation
Can a donation agreement be canceled in Russia? As already mentioned, such an operation is provided for by the current Russian legislation. The main thing is to know exactly when to cancel.
So, there are the following reasons for the operation:
- Deterioration of the financial situation of the donor due to circumstances beyond his control. For example, a person was robbed or his housing was destroyed by natural disaster.
- The donee intentionally harmed the donor or members of his family.
- Creating threats to life and health by the recipient of the property.
- The person to whom the gift was given to the property carelessly treats him. As a result, property is destroyed. It is important that the object is of value to the donor.
- Death of the donee. But such a alignment is possible only when the corresponding clause is provided for as a gift. Otherwise, the gift will be inherited by the family of the new owner.
In any case, the existence of certain grounds will have to be proved and confirmed. Various materials will help with this - from audio recordings to correspondence. Can a donation agreement be canceled? Without evidence of justification, this cannot be done.
Shares
Is it possible to cancel an agreement on donating a share of an apartment? All donors have such a right. In addition, relatives of the former owner of the property can cancel the operation.
Nevertheless, it will be necessary to take into account that when donating an entire apartment, it will not work to cancel the donation for its part. Cancellation under a gift contract is subject to all property transferred by agreement.
Cancellation
But that is not all! As we have already found out, in addition to canceling a transaction, there is the concept of cancellation. This is the process of recognizing the agreement as null and void. Usually it is necessary when it was not possible to cancel the gift.
The grounds for the cancellation of the gift agreement are as follows:
- Use of official position to receive property from the donor.
- The absence of signatures of the parties on the document.
- Claiming money or providing services by transferring property to a new owner.
- Participation in the process of children and disabled persons without the involvement of guardianship authorities and legal representatives.
- Forgery of documents and the contract as a whole.
- Fictitious operation. Often, donations help mask the sale of property.
- Lack of consent of other property owners to conduct the operation. The approval of the owners must be certified by a notary.
- Errors, typos and inaccuracies in the donation text.
Similar reasons also have to be proved. But in practice, it can be much easier to confirm them than to seek the cancellation of a deed of gift.
Peaceful actions
Now consider the action algorithms in a particular case. The cancellation of the contract of gift of the apartment, like any other property, can occur peacefully. This alignment, as already mentioned, is extremely rare.
For its implementation it is necessary:
- Agree with the donee to cancel the gift. Such a possibility should initially be indicated in the text of the agreement.
- Collect documents for the implementation of the task.
- Go to a notary public and sign an agreement on cancellation of a deed of gift.
- Renew ownership if necessary.
It would seem nothing difficult or incomprehensible. But in practice, everything is not so easy. Often you have to cancel gifts in court.
Judicial debate
Is it possible to cancel a house donation agreement? Yes. And on other property? Also! The main thing is that there are good reasons. It’s not possible to cancel or cancel a transaction just like that. Indeed, from the outset, it should be understood that a gift agreement is a voluntary decision entailing a number of legal consequences. And suddenly you can’t change your mind after transferring the property to another person.
An application for cancellation of a gift contract is filed with a local court. It is advisable to contact the location of the gift. Especially when it comes to real estate.
The procedure in this case will be as follows:
- Collect the documents necessary to confirm your innocence.
- Clarify the limitation period for one reason or another. It is recommended that you do this before collecting evidence to cancel the transaction.
- Make a lawsuit with a detailed description of the situation.
- Submit an application for cancellation of the deed of gift in court All evidence gathered must be attached to it.
- Take part in the hearing. During it, all materials will be studied, on the basis of which they will make one or another decision.
If the court sided with the former owner of the property, you can get a writ of execution and reissue ownership of the gift. Otherwise, the deed of gift will not be canceled / canceled. In case of disagreement with the decision, the parties may seek help from higher authorities.
Operation Features
A sample gift cancellation agreement is presented below. Some are interested in who has the right to cancel the existing gift and to cancel it. This is quite normal.
The right to return the property to the donor:
- legal representatives of a citizen;
- the donor himself;
- relatives and heirs of the former owner of the property;
- guardianship authorities.
It should also be noted that unilateral cancellation of the transaction is not possible. This means that either citizens agree on this among themselves peacefully, or go to court to protect their own interests.
Cancellation of a deed of gift is a process, the implementation of which unilaterally is impossible under any circumstances. And this fact must always be taken into account.
About Prescription
And when exactly can I go to court for help? In Russia there is the concept of limitation. This is the name of the period in which a citizen has the right to apply to the court on certain issues to protect his own interests.
The cancellation of the contract of donation of an apartment or other property does not have unambiguous limitation periods. They vary depending on the situation. More precisely, from the reason for going to court.
That is why it is necessary to clarify the limitation period for canceling a previously concluded agreement. The minimum statute of limitations is 12 months, and the maximum is 36.
In practice, the bulk of the contracts can be canceled within three years from the date of the transaction. After that, even if there are legal grounds for declaring the operation invalid, an appeal to the court does not take place. Therefore, you have to hurry.
About Cancellation Documents
We found out whether it is possible to cancel the gift agreement. To do this, you will need to bring some documents to court. These include:
- gift;
- claimant's passport;
- documents indicating ownership of property in the past;
- any evidence capable of indicating the legality of the cancellation of the transaction;
- certificates from the place of registration of the applicant.
The most difficult is the collection of evidence of their innocence. They can serve:
- Photo;
- medical reports;
- witness's testimonies;
- audio and video materials;
- correspondence;
- other papers.
Only with proper preparation will it be possible to cancel the existing gift agreement. But in practice, it often happens that the court takes the side of the donee. In addition, the decision to cancel / annul the donation operation may also be appealed. Therefore, it is impossible to say with confidence that the donated property can be returned.
In any case, you should try to achieve the cancellation or annulment of the deed of gift. But only if there is good reason. It is also recommended that you think carefully before writing a deed of gift - do you really want to give property to another person? If in doubt, it is better to refrain from an agreement in order to avoid future litigation.