Today we will find out whether it is possible to withdraw a gift certificate to an apartment. Honestly, this issue has recently been of interest to many. Especially elderly parents and already adult children. Real estate acquisition in Russia is very difficult. And so that the family has its own angle, as a rule, parents write gifts. It does not matter from what motives. Situations in life are different. Therefore, sometimes one has to seriously think about whether it is possible to note a gift certificate for an apartment. If so, how? What to do in this case?
Type of
Before you think about our current issue, it is worth considering carefully what the so-called gift agreement may be. At this point, lawyers very often pay attention to the proceedings in the subject. In total, 2 types of gifts for an apartment stand out.
The first is instant. An agreement that governs the direct transfer of an apartment into ownership of a particular person. After his conclusion, you can immediately say that the property belongs to the donee.
The second is temporary. This agreement indicates that the property will at some point belong to the recipient. It shows the obligations of the previous owner in the future to transfer to the donee one or another property.
Instant result
So, is it possible to withdraw a deed of gift to an apartment? Honestly, this is a rather difficult question. So far, you can immediately draw just a few conclusions. Firstly, in the case of instant donation, everything is not as simple as it seems. And it is precisely in such a situation that it will be extremely difficult to resolve the issue. After all, to think about whether it is possible to withdraw a deed of gift to an apartment at a time when it actually belongs not to you, at least stupidly.
But with the second type of contract, there will be no particular torment. Unless from the donee you cause a lot of discontent and misunderstanding. And, of course, you will need an experienced lawyer. Yes, a gift review is far from the easiest process, but it can take place if necessary.
Is there a possibility
What to do if you don’t really want to think about the type of gift agreement? Can a gift be recalled? And how to do it? We have already figured out the answer to the first question. True, this will have to delve into all the extremes of a particular case.
As already mentioned, if you do not want to do this, you can still give an answer about our conversation today. Yes, you can withdraw the gift. But to do this, firstly, is rather difficult. And secondly, there are moments that can disrupt the course of events. This, in turn, will make it impossible to recall a gift for real estate. Now a little specificity. No matter how I would like to resolve the issue as quickly as possible, this was not given to the citizens. In each particular case, you will have to pay attention to many nuances.
Life changes
Please note that at any time, each donor is able to withdraw his donation agreement. And, frankly, there are many points to be taken into account.
For example, before thinking about whether it is possible to cancel a gift certificate for an apartment, think about what changes can happen in your life after the conclusion of the corresponding contract. You have the right to invalidate the transaction, but not always.
The basic rule that will have to be observed in order to revoke a donation agreement for an apartment (if this is the second type, the first one is almost impossible to note, but more on that later) is significant changes in the life of the donor, which worsen his position and living standard. This is a significant change. Do not think that at any moment you can just pick up and withdraw a donation for real estate. The reasons for the change must be really serious.
Property status
What can be attributed here? In general, the concept of "deterioration of financial situation" is extensible.And sometimes a person believes that he will live to the detriment of himself, but the legislation will not be on his side. How to withdraw the donation to the apartment, if after donation you have undergone some significant changes and lowered your standard of living? Here you will have to pay attention to exactly what points will be taken into account.
For example, the reason for the revocation of a gift may be a deterioration in property status. We are talking about situations where without a donated apartment you can no longer provide yourself with everything you need. For example, you have been reduced wages. Please note that you can terminate the gift contract only if, due to this change, you cannot provide yourself with all the most important things. If earlier you lived in a big way, and now you have to exist as an average citizen, you lose the chance of a recall.
Family status
How to terminate a gift? To do this, it is worth learning about what other provisions can affect the court decision in your favor. You can pay attention to the marital status of a citizen. Often it turns out that relatives give each other real estate while replenishing the family. And after some time they want to "take away" the gift.
So, experts assure: if you want to regain what you presented, you will have to take into account marital status. For example, if you have a dependent, you can try your luck and file a lawsuit to challenge the contract. But when at the same time the donee has children (minors or just newborns) and in the course of your actions their standard of living will come to naught, you can forget about your idea. First of all, the court will take into account the situation in which minor children will be. Thus, marital status can also sometimes be a very profitable item.
A striking example of successful satisfaction of a claim is that parents give their child an apartment, then one completely loses his job and is dependent on his spouse. In this case, the donee does not have any changes in marital status.
Is it possible to withdraw a deed of gift for an apartment if at the same time you are provided or supported by the person to whom the property was donated? Not. Indeed, in this situation no one forgets about you, moreover, they help to somehow survive on a free basis. Often, very elderly people recently write letters of gift to children and grandchildren, demand full security under the pretext of "we gave," and then they also want to select a "gift". In this case, the court will not side with the pensioners.
Health
No matter how strange it may sound, but if you are thinking about whether it is possible to cancel the gift certificate (expert advice on this issue is numerous, but it is difficult to fully understand them), you can complain about your health. What are you talking about?
When, after donation, the donor’s health deteriorates very much and makes him virtually inoperative (but he remains adequate and capable), the citizen has the right to withdraw the donation agreement. It is to withdraw, not challenge.
What could be included here? Remember: health should really deteriorate significantly. If you just become sick more often, no one will take on your case. But with the onset of disability - easily. Serious injuries can also be attributed to this. But we are talking about long-term ones. For example, in the same car accident, accompanied by a moderate or mild concussion, as well as several small fractures (non-life-threatening, low-risk and those that do not leave negative consequences), termination of the gift agreement is impossible. Although, if you provide yourself with a good lawyer, maybe he will come up with something.
Sabotage
We talked about the recall. Now it’s worth figuring out how to withdraw the gift certificate to the apartment. Revocation of the contract and its challenge are slightly different concepts.What is suitable for the cancellation of the gift will not be suitable in any way in order to try to select a gift in court. After all, canceling is always easier than eliminating something. And with gift contracts, everything is exactly the same. Is it possible to cancel a gift certificate for an apartment? This is already clear. What other situations may occur?
In what cases can you declare a gift certificate for an apartment invalid and return your property? For example, a fairly frequent case is the wrecking of the donee. If he causes or tried to harm the donor, he is entitled to terminate the contract unilaterally. True, they will have to prove the case. This is usually an extremely difficult moment. After all, evidence must be obtained legally, and disinterested persons must act under the guise of witnesses. For example, the brother / sister of the donee will be deemed interested in recognizing the gift of the apartment as invalid. By the way, we are talking only about intentional harm to health. Accidents are not taken into account.
Attempt
A lot of problems can bring the usual gift. Can she be recalled? Yes. And recognize as invalid? Also. And if you decide on the second case, keep in mind: the attempt on the life of a close relative or the donor himself by the donee is a good argument for refusing a deal.
If, in the course of the actions taken, the former homeowner died, his immediate family may appeal to the court. For example, spouse. In principle, here, one also has to prove that the attempt was and it turned out to be intentional.
Negligence and bankruptcy
Is it possible to cancel a gift? Quite. And in the presence of certain evidence and generally recognize the transaction invalid. A few more reasons that will help you resolve the dispute are: bankruptcy and neglect of real estate.
What are you talking about? If the donor is a legal entity or an individual entrepreneur, he can file an application with the court to terminate the donation agreement upon recognition as bankrupt. But only within six months from the moment of this event. When the donor is bankrupt for more than the specified period, recognition of the transaction invalid is no longer possible.
But you can always look at the treatment of the donee with the real estate presented to him. In cases where there is no proper care for the apartment, you can return it to yourself. But here you have to pay attention that for you this property should play some important role, be valuable. For example, this is a family nest. Just recently bought an apartment or not representing any special moral value can not be taken from the donee.
Summary
What do we have in the end? Is it possible to withdraw a deed of gift to an apartment or to declare a transaction invalid? Yes. But, as you can see, this is not so simple. A little advice: if you were pressured, threatened and extorted property illegally, stock up on relevant evidence. In this case, you can invalidate your transaction.
In addition, if the contract is not drawn up correctly, it can be challenged. Perhaps, it is in these two cases that the process goes without unnecessary problems. In general, before giving apartments, think carefully about whether this is necessary. Judicial practice shows that it is difficult to terminate a deed of gift. And such claims are satisfied in extreme cases.
When applying to the court, you will need to write a statement, as well as present the original and a copy of the deed of gift, evidence of your innocence and the receipt of payment of the state donation fee.
