The notorious housing issue has spoiled quite a lot of people, and this is not surprising: the need for own housing is one of the most serious for representatives of modern society.
It is possible to get the desired square meters with the help of mortgage lending, inheritance, annuity, as well as a gift agreement. The latter method is often considered the most convenient and preferred, as it does not involve significant risks. Is it possible to challenge the donation to the apartment? Nine out of ten people will answer you negatively. However, in such a serious matter, it is necessary to clarify all possible pitfalls.
Who and in which case can challenge a deed of gift?
So, is it possible to challenge the donation to the apartment? Yes, this is quite real, albeit extremely difficult. It is immediately worth noting that this may be due to significant bureaucratic red tape, but there are not a few options for resolving the dispute.
First of all, it is possible to question a transaction only after the death of a person who owns the property and donates it to a third party. If the gift is alive, it is practically impossible to challenge his will to outsiders.
Among other things, the contract may be subject to cancellation only within 3 years after the date of its official conclusion. If the indicated period has expired, the case will not be considered.
During the life of the donor, only he has the right to demand the termination of the transaction, but after his death, immediate relatives (for example, guardian, parents, husband or wife, brothers, sisters, as well as other potential heirs) can apply for revision of documents. Consideration of any such case in the presence of facts, arguments and evidence is carried out only in court.
Who can not accept the gift?
It is easiest to challenge the gift upon the death of the donor if the contract was drawn up incorrectly, that is, with certain violations that render the document invalid and void. To begin with, it should be noted that some categories of people simply do not have the right to accept such substantial gifts at no cost. These include:
- civil servants, officials and politicians, as well as their immediate relatives - from any category of persons;
- representatives of the medical sector (doctors, nurses, orderlies) - from patients who are being treated;
- educators and educators - from their wards and students;
- social workers - from persons with whom they directly interact on work;
- close relatives, including spouses of the above-mentioned persons - from the same category of citizens.
Guardians do not have the right to donate housing on behalf of their ward until the latter is 14 years old.
The first reason to challenge the contract
Can relatives dispute the gift, and what features of the contract are they recommended to pay the closest attention to? Quite often in such documents there is information that the property becomes the property of the donee only after the donor’s death. Remember: this is a gross mistake and will easily allow you to challenge and annul the contract, and then claim the inheritance legally.If the documents were drawn up in the appropriate instance, the parties to the transaction would be surely explained this fact and simply would not have drawn up the necessary papers. 
The second reason to challenge the contract
Among other things, it significantly increases your chances of winning the opportunity to prove that at the conclusion of the contract the donor was incompetent and was not responsible for his actions. Of course, collecting facts confirming such a state of a person is rather difficult, but it is they that can ensure your most likely victory.
Please note that if the donor suffered from any disorders, was inadequate, then it will be possible to prove this using medical certificates and a specialist examination. If there are suspicions that the contract was signed at the time of its temporary clouding of reason (under the influence of alcohol or drugs), it will be almost impossible to prove it, but it’s worth trying.
A little bit about jointly acquired property ...
How to challenge a gift for an apartment acquired in marriage? If the immovable property was acquired by the spouses after the official list, both the husband and wife have equal rights to it. In this case, the transfer of such housing as a gift may be carried out only with mutual written consent. If one half strongly disagrees with such a decision, you should contact a lawyer to draw up and fix your ban on such actions. If the property was acquired during the premarital period, any of the spouses may dispose of it at their discretion without a twinge of conscience. It will be possible to challenge the deal only on general terms.
What should I look for?
In what other cases is it realistic to affirmatively answer the question "is it possible to challenge the gift"? Here is a list of the most common errors that, under certain conditions, can be used to invalidate documents. So, first of all it concerns them:
- ignorance and misunderstanding by the donor of the terms of the transaction (was deceived by the other party or did not understand himself);
- the intentional desire of the parties to conceal the fact of the sale of living space through a front contract (tax evasion, etc.);
- the conclusion of obligations under threat to the health and life of the donor, as well as his relatives, that is, coercion;
- lack of ownership of the transferred object;
- Incorrect form of conclusion of the contract and lack of registration of the transaction.
Cancellation of the contract is also possible if the donee commits unlawful actions in relation to the other side of the transaction. How to challenge the gift in Ukraine? Use the same tips, they will be very legitimate in the framework of the current legislation of this country. Strictly speaking, such recommendations will be relevant to some extent for the entire world legal practice.
How can the original owner of the apartment reverse the transaction?
Quite often the question "is it possible to challenge the donation to the apartment?" not only relatives are set after the death of the true owner, but also the former owners of square meters. Well, by contacting the court on time, you may well give the case a go back and return the property. For example, if you prove that you didn’t give an account in your actions, you were threatened or blackmailed (including attempts to harm your health, a threat to the life of the person and his loved ones), you tried to intimidate or did not report the terms of the contract (for example, you said that it acts only after the death of the donor).
Among other things, if the person who received such a substantial gift does not handle it properly, it is also possible to recognize the transaction as invalid. A similar decision can be made by the court in the event that the concluded document significantly worsened your financial situation.
Another important nuance
How to challenge home gift in the event that the donee dies before the donor? Indeed, with such an unpredictable outcome, there is a great chance that the relatives of the new owner of the premises will want to inherit it. Such a situation should definitely be discussed as a separate clause in the agreement: this will help protect the interests of both parties.
If the donor is a legal entity
How can one challenge a gift if the initiator of the transfer of property is not a natural person, but a legal entity? If at the time of conclusion of the contract the donor was officially declared bankrupt, then he has no right to transfer his property in this way. Having proved such a state of the company or individual entrepreneur, you can easily achieve recognition of the transaction as null and void. By the way, one more interesting fact: only a potential heir can dispute a contract of gift of an individual, but almost anyone who wants to legal, can.
Is there a deed of will and how to break it?
Separately, it is necessary to pay attention to the popular question "can a testament be challenged?" I immediately want to note that such a document simply does not exist in nature. A person can donate something either as a gift, or according to a will after his death.
Any property under a deed of gift can be transferred between people only during the life of both parties, a will implies transfer only after the testator dies. There are simply no other options for interpretation. It is worth noting that both methods of gratuitous transfer lend themselves to challenge in court. If there are relevant facts, a positive resolution of the dispute is quite possible.
What you need to conclude a deal
In conclusion, we will discuss the documents that are necessary for the formal conclusion of the contract. Without fail you will need:
- application for registration;
- receipt confirming payment of the fee;
- several copies of the document itself;
- ID of two parties to the transaction;
- documents for the premises (cadastral passport, necessary certificates from the BTI);
- document confirming ownership of the transferred property;
The full list of necessary papers is determined in each case, it is recommended that you first contact a notary or lawyer for advice.
A few words in the end
Now you know the answer to the question "is it possible to challenge a gift for an apartment or any other residential premises?". Having decided on such an event, carefully study all legal aspects, and if you have the financial ability, stock up on the help of professional lawyers. Only the presence of confirmed arguments and facts will allow you to win the case and return the desired square meters to your personal property.
