A gift is the transfer of property (any) that is owned to another person free of charge. In this case, a contract is drawn up, which is certified by a notary. The deed of gift begins to act from the moment of its registration in the register. It is done after checking the document and its applications for errors. Such a transaction is considered irrevocable. But often lawyers are asked whether it is possible to challenge the gift. Let's try to reveal this topic as informatively as possible and consider various situations.
Where to go to cancel the transaction
This type of transaction is considered irreversible. However, the legislation provides for cases when it is possible to cancel an agreement that has already entered into force. This is quite complicated, and it is necessary to have strong evidence on hand. Is it possible to challenge the gift without trial if both parties agree? Yes, in such cases it is enough to formalize the termination of the contract through a notary's office. But if there are disagreements, you can challenge the transaction only in court.
Is it possible to challenge the gift if the donor is dead?
Sometimes a deal is really necessary to be declared invalid if its conclusion violated the rights of citizens or current legislation. Is it possible to challenge a gift to the house after the death of the donor? Yes, this often happens. The most common reasons for challenging a gift:
- If the contract was concluded only for the sake of visibility. Without an intention to really give property to another person. In this case, the contract is canceled. Sometimes a gift agreement is concluded to conceal their income and real estate. Most often, the owner draws up ownership of relatives.
- If the gift is contrary to existing law, then the contract in this case is invalidated, and the parties to it may be fined.
- If with the help of a donation another transaction is covered. For example, resale of shared ownership. The contract is drawn up by an outsider in order to prevent the remaining interest holders from using the right of preemptive purchase. According to the law, this transaction is canceled.
- If one of the participants in the transaction has a mental disorder. Citizens (especially the elderly and with a violation of the nervous system) must enter before entering into an agreement medical examination.
- If one or both parties to the transaction are partially or completely incompetent.
- If the contract is drawn up for a social worker. Civil servants caring for the disabled, orphans and elderly citizens are prohibited from entering into such transactions.
- If the contract was concluded under "pressure": with threats, bullying or beating.
All of the above reasons are grounds for contesting donations for both the house and other property (apartment, car, etc.). These are the main reasons for canceling the contract. Is it possible to challenge the deed of gift to the apartment after the death of the testator, if it was issued for a close relative? It is impossible, if there is no very good reason.
What evidence will be required to challenge a deal?
Is it possible to challenge the gift for the car, cottage, house, apartment, etc.? To recognize the transaction as invalid, you need to provide strong evidence. For each particular case, these may be different facts, which must be documented:
- receipts that confirm receipt of money after the conclusion of the contract;
- medical certificates of mental state at the time of the transaction;
- writ of execution;
- documents from the police (testimony of witnesses about the illegality of the transaction and others);
- consent of neighbors to purchase a share, etc.
What to do after evidence is collected
When evidence is collected, you need to contact a lawyer. Based on the submitted documents, he develops a certain tactic by which he will speak in court. After all preparations, the lawyer draws up a lawsuit, which is subsequently filed with the court.
A citizen who disputes a gift must act in that order. The exception is when a criminal offense has been committed. For example, is it possible to challenge a gift to an apartment after the donor’s death, if there are suspicions that he was killed? Yes, in this case, the investigation must be carried out immediately. This means that the algorithm of actions during the contestation of the gift may be violated.
Statement of claim
A statement is necessary for going to court. It indicates the reason on the basis of which the gift contract is considered illegal or feigned, and the facts confirming this are listed. Before applying, you need to pay a fee. Is it possible to challenge the donation to the apartment after the donor’s death? Yes, but the application is accepted only in the next 3 years after the transaction. Further, the contract can no longer be canceled.
Challenging the contract during the life of the donor
It is quite difficult to do this, since until a person has died, he has every right to do anything with his property. But the answer to the question of whether it is possible to challenge the gift of the house during the life of the donor, in some circumstances will be positive.
There are several reasons a deal canceled. For example, if the execution of the gift took place under the threat of an attempt on the life and health of the donor or his relatives and friends. Also, if a person is injured. That is, the donor was forced to close the deal in a forced manner.
An agreement can also be challenged if the donated property is of great value to the former owner. But not of a property, but of a moral nature, for example, several generations of the donor's family owned the house or the car was previously presented by a prominent statesman for any outstanding services. And the new owner can lose this property irretrievably, as he treats him improperly. In such circumstances, only the donor himself has the right to appeal to the court. He needs to collect documents that can confirm that the property is of such value to him.
Also, the interested person can recognize the contract as invalid if the donor is an individual entrepreneur who became bankrupt even before the transaction was concluded. And, accordingly, this property no longer belonged to him. In this case, the law is violated, which serves as the basis for termination of the transaction.
Non-standard and rare situations
Is it possible to challenge the gift of the house during the life of the donor, if the person for whom the contract was executed has died? Yes, if such a scenario was provided in the document, then there will be no problems at all. This issue is being resolved in court. But if the document does not state that in such a situation the property is returned back to the donor, then it is impossible to challenge it. After the death of the person for whom the gift was issued, his relatives become the successors. The property passes to them in the order of succession, which is provided for by applicable law. In other words, if one person gave the second apartment, and the latter died after some time, then the property is inherited precisely by his children or close relatives.
Under what circumstances can an estate gift be challenged?
The contract may be declared invalid within 3 years after the conclusion. The law provides for this list of grounds. Is it possible to challenge a gift for an apartment during the life of the donor? There are basic conditions for this:
- if the donor himself wishes to terminate the contract;
- the donor is an individual entrepreneur and violated the bankruptcy law;
- if the gift has not yet passed state registration.
Under what other circumstances is the contract declared null and void?
Is it possible to challenge the donation to the apartment? Judicial practice allows this to be done if:
- The contract was drawn up in violation of applicable law. For example, if the contract is drawn up so that it takes effect only after the donor’s death. And this is against the law.
- The owner of the property did not have documents on the right of ownership.
- At the time of the transaction, the donor was mentally ill or was intoxicated and could not clearly understand and evaluate his actions.
- Lack of consent of the second spouse to donation, if this property is common property.
- The contract is fictitious.
- Donor mislead (e.g. senior citizen). He is informed that upon death, his heirs will also be entitled to this property. That is, a person is deliberately deceived.
Is it possible to challenge the gift of the house, if it is framed as a nurse?
It is not possible to transfer property free of charge to another person (house, apartment, car, cottage, etc.) if he is the legal representative of legally incapable persons or children under 14 years of age.
Employees of social services, educational institutions and similar organizations, as well as their relatives, are not entitled to accept gifts from their wards. And also take any valuable presents. As well as employees of municipal and state bodies.
How long can I challenge the gift
The statute of limitations largely depends on the basis on which it is planned to cancel the contract. Is it possible to challenge the gift of home, if it has been ten years? The legislation provides for certain periods. An agreement can be challenged for 3 years, with rare exceptions.
Is it possible to dispute a gift certificate for an apartment after death if the property was not owned by a person at the time of the transaction? For example, the donor lived in the house, but became its owner after a certain time. This is one of the cases when the rights of third parties are infringed (strangers donated: an apartment, a house, a car, etc.). In this case, the contract is illegal. Third parties can claim their property even after many years. Moreover, the statute of limitations is counted from the moment when they became aware of the gift.
