How to terminate an apartment donation agreement by agreement of the parties

Is it possible to terminate a gift agreement?

The bases are divided into three types:

general: failure of one of the parties to fulfill obligations, significant violation of the terms of the transaction, etc.;
at the initiative of the donee: voluntary refusal of a gift, causing significant damage to the donee as a result of the transaction, etc.;
at the request of the donor: commission by the donee of a crime against the life and health of the donor or close relatives;
at the initiative of a third party with the participation of the donor in the bankruptcy procedure.

If the parties manage to achieve a peaceful settlement of the issue, it is enough to draw up an additional agreement to the main agreement. If disputes arise, you must go to court.

According to the Civil Code of the Russian Federation, donation is made orally, with the exception of cases when the donor is a legal entity and the value of the gift exceeds 3,000 rubles, or when real estate is transferred as a gift. A written deed of gift will be required here.

Let us consider the conditions and features of termination of oral and written DD in detail.

Termination of an oral gift agreement

During an oral gift, the donor gives the recipient a gift: a car, money, jewelry, valuables. The moment of conclusion of the transaction is the time of transfer.

You can terminate the oral contract immediately after receiving the valuables by refusing them, or returning them after some time. A written refusal by the donee of a gift made orally is not required.

Example:

The man gave the woman a car, information about the new owner was entered into the title independently. The DD was not drawn up in writing. To return the gift, she agreed with the donor and re-registered the car in his name, then he re-registered it.

Features of termination of a gift agreement

According to the law, donation refers to a special series of transactions, which implies some differences in their termination. Despite this, civil law provisions in relation to all such agreements must be followed.

Termination of legal relations is possible in the following categories:

Bilateral termination of the transaction (by mutual consent of the donor and recipient of the property).
Unilateral termination (the same case when the donee refuses to accept such a gift).
Challenging a signed agreement when going to court (only if there are compelling reasons and their evidence).
Invalidity of the agreement (based on the criteria described above).

Termination of the contract at the initiative of the donor

The donor may initiate termination of the donation transaction on special grounds:

cancel an already executed contract or refuse to fulfill one’s obligations under the contract of promise of gift.

According to the Civil Code of the Russian Federation, cancellation of donation is possible:

if the donee deliberately attempted to kill the life or health of the donor, relatives or members of his family;
if, as a result of the recipient’s careless attitude towards a gift valued by the donor, the latter may be lost ;
if the contract contains a condition for the return of the gift to the donor in the event that he survives the donee.

Refusal to fulfill the contract of promise of donation before the transfer of the gift is possible:

if the financial, marital or health status of the donor has deteriorated in such a way that the execution of the contract will aggravate the decline in his standard of living;
if the donee made an attempt on the life or health of the donor, his relatives or family members.

The donor may refuse to fulfill the contract if the object of the gift is destroyed or is prohibited from making transactions with it.

Grounds for termination of the contract

A gift agreement is a special category of transactions. In order to terminate it, the plaintiff must have compelling reasons provided for by law. general grounds for its termination and special ones apply to legal relations under a gift agreement .

For your information

General grounds include declaring the transaction invalid, special grounds include cancellation of the donation, refusal of the donee to accept the gift, and refusal of the donor to fulfill the contract under conditions specified by law.

The grounds for terminating a real gift agreement appear after its completion , and a consensual one - after its conclusion , but before the transfer of the gift to the donee. Whereas the grounds for declaring a transaction invalid must precede its conclusion, or appear during the signing of the agreement, that is, there must be a violation of the procedure and conditions for concluding a deed of gift.

General grounds for invalidating a transaction

The gift agreement is a two-way transaction . Therefore, to invalidate it, the general grounds provided for in Articles 166-179 of the Civil Code are applied. Article 166 of the Civil Code defines two types of invalid transactions - void and voidable.

Additionally

A transaction that is invalid due to a violation of direct rules of law is void in itself, regardless of whether it is recognized as invalid by the court. A voidable transaction can only be declared invalid by a court decision.

Articles 168-179 of the Civil Code define the general grounds on which any transaction can be declared invalid . Let's consider some of them, as well as other grounds directly related to the conclusion of gift agreements:

An agreement was concluded for show (a sham transaction) or in order to cover up another agreement (a sham transaction>);

At the same time, the parties do not intend to actually create legal relations corresponding to the gift.

An example of a sham transaction may be the desire of an individual or legal entity to avoid confiscation of its property in favor of creditors. In such cases, the debtor enters into an agreement to donate his property to another person whom he trusts, without the intention of actually transferring this property to him.

Article 170 of the Civil Code qualifies such a transaction as void. By virtue of the same article, a gift agreement made to cover a purchase and sale transaction will be void. Most often this is done for the purpose of tax evasion or due to difficulties in selling a share in real estate.

The gift agreement contains a condition for the transfer of the gift to the donee after the death of the donor (clause 3 of Article 572 of the Civil Code);

For such cases, the law provides for the drawing up of a will.

The deed of gift was concluded in violation of the form, content and subject;
An example of a violation of the form of a gift agreement may be its oral conclusion, while the law provides for a written procedure for its conclusion (see the section “Form of the Agreement” above). An agreement in which the specific subject of the gift is not designated will be void (clause 2 of Article 572 of the Civil Code).
The following cannot be subjects of a transaction (Articles 575 and 576 of the Civil Code):
- on the side of the donee - persons who are prohibited from accepting gifts in connection with their professional activities and performance of official duties (civil servants, employees of medical and educational institutions, social services and other persons working in similar organizations);
legal entities engaged in commercial activities in relations with each other.

Attention

A violation of the content of a gift agreement is considered to include the presence of a counter-provision in it, that is, the gift or its promise is conditioned on the fulfillment of any obligation by the donee.

The donation was made by an incapacitated or limited in legal capacity person (Articles 171 and 176 of the Civil Code), or by a citizen who, at the time of the conclusion of the transaction, was in a state that did not allow him to understand and direct his actions;
The contract was concluded under the influence of error (Article 178 of the Civil Code), deception, threat or unfavorable circumstances (Article 179 of the Civil Code).

Termination at the initiative of the donor

Termination of a gift agreement at the initiative of the donor is possible on special grounds that involve the donor’s cancellation of an already executed agreement or his refusal to fulfill an obligation under the agreement of promise. Cancellation of a donation unilaterally by the donor is provided for in Article 578 of the Civil Code in three cases :

if the donee showed malicious ingratitude towards the donor, made an attempt on his life or members of his family and blood relatives, and also intentionally caused him bodily harm;
if the donee treats the donated property in such a way that there is a risk of its irretrievable loss; at the same time, the object of the donation must be significant for the donor and represent great non-property value for him, about which the recipient must be warned;
if the donor survives the donee and this condition is contained in the text of the gift agreement.

For your information

The grounds for the donor’s refusal to execute the deed of gift, according to which the transfer of the gift is promised in the future, are determined by Article 577 of the Civil Code.

As in the case of revoking a gift, they are exhaustive :

if the property or family status of the donor, or his state of health, has changed so seriously that the execution of the contract may adversely affect his standard of living and lead to a significant decrease in it;

At the same time, it is important that these changes occur unforeseenly and during the time after the conclusion of the contract before the transfer of the gift to the donee .

if the donee has committed illegal actions against the donor, which were expressed in the actions described in paragraph 1 of Article 578 of the Civil Code.

Since the donor is not at fault in these circumstances, the law exempts him from compensating losses to the donee (clause 3 of Article 577 of the Civil Code). Termination of the contract, in the event of the donor’s refusal to fulfill it, on these grounds is regulated by Articles 451-453 of the Civil Code.

The legislation provides for another case in which the donor may refuse to fulfill the obligation under the gift agreement before transferring the property to the donee. It is caused by the destruction of the object of donation , its withdrawal from circulation, or a ban on performing any actions with it.

Termination at the initiative of the donee

Termination of a gift agreement unilaterally at the initiative of the donee is possible in the only case when he exercises his right to refuse to accept the gift (Article 573 of the Civil Code). The donee can do this only when the contract contains a promise to transfer the gift in the future and there is a certain period of time between the fact of concluding the transaction and its execution.

Paragraph 2 of this article establishes the rule for making such a refusal, which is as follows:

if the gift agreement was concluded in writing, then the refusal to receive the gift must be executed in the same form;
if the subject of the gift is real estate, which requires state registration of the agreement, then refusal to accept the gift requires state registration.

General grounds

According to the Civil Code, all void transactions (concluded in direct violation of the law ) are recognized as invalid.

Contracts may be declared invalid by a court decision (voidable transactions).

General grounds on which a contract may be invalidated:

An imaginary (for appearances) or feigned (hiding another) deal has been concluded. In reality, the parties do not intend to create a legal relationship corresponding to a gift. Such transactions are qualified as void.
The condition of the contract is the transfer of the gift to the donee after the death of the donor .
The agreement was reached orally .
The text of the agreement does not specify the subject of the donation .
Donees are persons who are prohibited by law from being such due to their professional activities and performance of official duties.
Donors are representatives or guardians of incapacitated or minor citizens , legal entities in commercial activities.
incapacitated at the time of the transaction .
The transaction is concluded under threat or as a result of misconception.

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How to terminate the contract?

Termination of the contract may be based on mutual consent of the parties, if they can agree. Provided that neither the donor nor the donee have any objections, an agreement is concluded between them to terminate the gift agreement. It can be completed independently or with the help of a qualified lawyer. In any case, this document must be certified by a notary.

The agreement must contain the reasons for its termination. If there are several of them, then all the facts must be indicated. The deed of gift data must be included in the text, and in addition to the document, papers must be attached to prove the veracity of the information presented. The agreement is signed by both parties, then a list of annexes is drawn up.

Sometimes the cancellation of a contract after registration is carried out unilaterally, when one of the parties does not agree with the decision of the other. In this case, the procedure takes place in court. To initiate a lawsuit, you need to draw up a statement of claim and collect a package of documents with evidence of violations, which are defined by the Civil Code as grounds for invalidating a gift agreement.

The period for consideration of the case in court may be one month. If the judge decides that the plaintiff's claims are based on legal norms, then both parties are invited to a court hearing. At the end of the meeting, a verdict is issued. If one of the parties does not agree with the judge’s decision, it can be appealed to a higher judicial authority.

What are the deadlines for challenging?

You can challenge a transaction of donating an apartment or other real estate within a period not exceeding three years from the date of signing the agreement. The possibility of invalidating a transaction exists for one year.

If it is proven that the agreement was signed under pressure or threats, the period can be increased to five years. The same time frame applies in the case where the donor has decided to terminate the transaction, and the donee prevents this and deliberately delays the completion of the matter.

If the limitation period is missed, then you will need to provide the court with convincing evidence that the reasons for missing the legal deadline for filing are valid. The court will examine the application and decide whether to renew the term. The period for consideration of a claim depends on the complexity of the issue and the circumstances of the case.

Required documents

Termination of a gift agreement can be carried out in two ways. In case of mutual agreement, the participation of the court will not be required, so it will be enough to ensure the availability of the following documents:

deed of gift;
certificates of ownership of real estate;
passports of the donor and recipient of the property as a gift;
agreement signed by the donor and the donee;
refusal of a gift certified by a notary.

If agreement is not reached, then an appeal to the judicial authorities will be required. This option requires a different set of documents:

statement of claim requesting termination;
gift agreement;
plaintiff's passport;
certificate of ownership;
copies of all specified documents.

Procedure of the trial

The process of terminating a signed donation agreement for an apartment and other real estate can be initiated by the donor or his relatives. To do this, you need to draw up a statement of claim demanding that the transaction be declared invalid.

The reasons for the application may be the circumstances set out in Article of the Civil Code No. 578. The court at the place of registration of the party accepting the gift is authorized to accept the claim.

The application should be accompanied by documentary evidence, certificates, witness statements and other facts confirming the legality of the termination requirements. Before submitting a complete set of documents, the plaintiff pays the state fee. The receipt is also presented to the court.

The judge renders a verdict within five days. If he grants the plaintiff's request, the recipient of the gift is obliged to return the property to the previous owner. If it is impossible to return the property, its value will be refunded.

How to terminate a gift agreement?

In the Civil Code of the Russian Federation there is no such thing as “termination of a gift agreement”.
This phrase is a colloquial form. The agreement can only be declared invalid or cancelled. To do this, the initiative must come from the recipient or the donor. Third parties can cancel the agreement. You can terminate the transaction before or after the transfer of the object as a gift. Cancellation of a contract has its own characteristics.

The course of the procedure depends on who is the initiator of the termination of the legal relationship, and whether the other party agrees to cancel the deed of gift.

By agreement of the parties (voluntary)

If both parties to the transaction agree to terminate the legal relationship, then the deed of gift is terminated quite simply. A special act is drawn up and signed. This document does not have a unified form, so it is written in any form.

The act indicates the following information:

Name;
date and place of compilation;
information about the donee and the donor (information from civil passports);
details of the contract to be terminated;
description of the gift;
an indication of the person who will bear the costs of terminating the deed of gift (as a rule, the parties to the transaction share the costs equally);
signatures of the donee and the donor with a transcript.

It is recommended that the deed of gift be terminated at a notary's office. If the agreement was initially registered by a notary, then the act of termination is subject to mandatory certification. If the deed of gift has not been certified and registered, then there is no need to visit any authorities or institutions.

The deed of gift cancellation agreement is drawn up in at least two copies: one remains with the donor, and the second with the donee. If the participant in the transaction is a person under 18 years of age, then the legal consent of the minor’s representative and the permission of the guardianship and trusteeship authority will be required to terminate the deed of gift.

Judicially

If one of the participants wants to terminate the gift agreement, and the other opposes this, then the issue will have to be resolved in court. To do this, you need to draw up a statement of claim and submit it to the court for consideration. First you need to take care of creating a good evidence base.

The general algorithm of actions is given below:

file a claim in court. It is important to prepare this document correctly. Therefore, it is recommended to seek the help of a lawyer;
prepare a package of documents. The list of papers depends on the grounds for termination of the agreement;
take part in court hearings;
wait for a decision. It is accepted based on the arguments of both sides. If the court decision does not satisfy the plaintiff, then he can file an appeal. If it suits the parties to the transaction, then after the act comes into force it is necessary to submit documents for re-registration of rights to the disputed object.

In accordance with the Civil Code, the statute of limitations for the annulment of a deed of gift is three years from the date on which the person learned of the violation of personal rights. If during this period it was not possible to go to court for a good reason, then the missed deadline can be restored.

Expert opinion

Irina Vasilyeva

Civil law expert

Notarized deeds of gift are more difficult to dispute.

Termination by law

How to terminate a deed of gift according to law? You can terminate in two ways:

with the voluntary consent of both parties with the involvement of a notary;
without consent - unilaterally, through the court.

Voluntariness of termination

To cancel a deed of gift, you may prefer a voluntary termination procedure. The parties need to draw up an agreement and have it notarized. If the procedure was carried out with registration of the transfer of an apartment or other property into the ownership of a new owner, then the registration must be done again.

If an individual does not agree to accept the object, or the donor refuses to make the donation, then the transaction is canceled after a written statement from the relevant party.

Despite the fact that void transactions theoretically do not need to be recognized as invalid, practice proves that practically no one returns what they received voluntarily. Therefore, even in such a situation one has to resort to the help of the court.

Through the court

The deed of gift can be challenged unilaterally in court. Having legal grounds, the donor has the right to file a claim in a court of competent jurisdiction. These may be the reasons specified in Article 578 of the Civil Code of the Russian Federation, as well as certain special grounds that are determined to be significant for each specific case.

With the help of the court, the issue of the validity and objectivity of the reasons for the possible termination of the contract is resolved, since the parties are not able to resolve the dispute on their own due to different subjective assessments of the circumstances.

Both the parties who entered into them and interested parties have the right to challenge void or voidable gift transactions. For example, if the contract contains a clause according to which the item passes to the new owner after the death of the previous owner, the heirs and relatives of the deceased may challenge this agreement. Such an agreement is considered void, since in such cases it is necessary to draw up testamentary dispositions.

Deeds of gift executed by an incapacitated person or a citizen who at the time of the donation were in a limited capacity are considered invalid.

The procedure for the plaintiff to cancel the deed of gift through the court:

Determine the basis on which the lawsuit will be filed.
Find out the statute of limitations for the gift transaction - it must be more than 3 years.
Collect evidence to substantiate the plaintiff’s case.
Draw up a statement of claim detailing the circumstances of the case.
Submit an application to the local judicial authority along with the relevant package of documents.
Take part in legal proceedings until a final court decision is made.

Filing a claim

Recommendations for drawing up a statement of claim.

Correct execution presupposes that all arguments must be supported by testimony or documents, and the requirements must have legal validity.
Literacy and logic of presentation.
Structure.

This is also important to know:
What is better, a deed of gift or a will for an apartment?

The application must contain the following information:

Parties' data.
Description of the controversial situation.
Evidence-based facts.
List of attached documents.
Date, signature of the plaintiff.

When filing a claim after registration, a state fee of 300 rubles is charged. Also, to represent the applicant’s interests in court, you need to hire a lawyer, the cost of whose services depends on his experience and professionalism.

The court is obliged to accept the filed claim for consideration. But sometimes situations arise when the judicial authority refuses to conduct a trial.

Reasons for refusal:

filing a claim in a court whose jurisdiction does not include consideration of cases on the revocation of a gift;
an incorrectly drafted claim;
unreliability of facts and insufficient grounds for canceling the transaction;
claims will lead to a violation of the law.

Judicial procedure for termination

Only the party to the contract has the right to seek cancellation or challenge of the transaction by filing a lawsuit in court.

The statement of claim must be supported by documented facts of violation of the legislation on the procedure for concluding gift transactions.

Interested parties who are not participants in the gift transaction may go to court in the following cases:

when the donation is made at the expense of funds associated with the market activities of legal entities or individual entrepreneurs in violation of the bankruptcy law;
when the donee intentionally killed the donor.

In court, both contested and void gift agreements can be terminated.

For example, if a gift is transferred after the death of the donor, the contract is considered void.

The donor's heirs have the right to challenge such an agreement.

If a gift agreement is concluded by an incapacitated person, or recognized as such after the conclusion of the agreement, then the guardians or legal representatives of such persons .

The consequence of termination of the apartment donation agreement is the return of the property to the ownership of the donor.

If for some reason this is not possible, then the donee must return the actual value of the gift to the donor.

Package of documents for cancellation of the transaction

Depending on whether the contract is terminated voluntarily or judicially, the list of documents required for the procedure varies. The main set includes the necessary documents:

agreement confirming the fact of donation;
passports of the parties;
certificate confirming ownership of the property;
documented facts of evidentiary nature for trial.

Concept and form of transaction

An apartment donation agreement is a bilateral agreement on the gratuitous transfer of ownership rights to it by a participant (donor) to a participant (donee).

According to the terms of the agreement, the transfer of rights to the apartment to the donee may be postponed for some period.

Then there is a contract of promise of gift .

The main condition of the contract is its gratuitous nature , the absence of any representations from the donee.

Otherwise, the agreement is considered void.

The agreement must clearly reflect the donor's intention to freely and voluntarily increase the donee's property by reducing his own.

Lack of good will in the intentions of the donor is the reason for the agreement to be invalid.

The recipient must be willing to accept the gift.

This factor also affects the validity of the transaction.

The apartment donation agreement is drawn up in writing with state registration of the transfer of ownership rights to the donee.

Cancellation of donation: difficulties

Controversial situations most often arise when real estate is given for free and it is difficult for the parties to reach a mutually beneficial agreement. Such an agreement can be terminated before the transfer of property in the following cases:

mutual consent of the parties;
refusal of the recipient to accept the gift. In this case, the donor may demand compensation from him for material losses;
the donor's physical health or financial situation has deteriorated significantly.

After the property is transferred to the new owner, termination of the contract is permitted if:

the donee received the gift illegally (deception, blackmail, etc.);
the recipient of the gift treats it carelessly, which may lead to its irretrievable loss;
the gift is not used for its intended purpose.

To cancel the transaction for these reasons, you must go to court.

Fact
If real estate is donated by a relative, then no tax is charged on it.

The process of canceling a deed of gift often ends not in the interests of the donor. The court may refuse to satisfy the claim, since the donee is able to challenge the claim by providing more compelling arguments and facts. Therefore, before presenting property to anyone as a gift, and later asking the question “is it possible to terminate the gift agreement,” you need to carefully weigh the pros and cons.

How to correctly file a claim?

Basic rules for drafting:

remember that the claims included in the claim must be confirmed and supported by evidence;
It is not necessary to refer to laws, regulations, indicating certain circumstances in the filed claim, but it will not be superfluous;
the more detailed and logical the information provided in the application, the better;
Each new event should begin with a new paragraph.

The required points of the application are:

personal information of both parties to the case;
a clear statement of the reason for the dispute;
the evidence presented in the case;
list of documents attached to the application;
date and signature of the applicant.

Important! If there are more than two parties to the claim, the application is submitted in the amount corresponding to the number of participants in the process.

Termination of an apartment donation agreement by mutual agreement of the parties

How to correctly file a claim? Basic rules for drafting:

remember that the claims included in the claim must be confirmed and supported by evidence;
It is not necessary to refer to laws, regulations, indicating certain circumstances in the filed claim, but it will not be superfluous;
the more detailed and logical the information provided in the application, the better;
Each new event should begin with a new paragraph.

The required points of the application are:

personal information of both parties to the case;
a clear statement of the reason for the dispute;
the evidence presented in the case;
list of documents attached to the application;
date and signature of the applicant.

Important! If there are more than two parties to the claim, the application is submitted in the amount corresponding to the number of participants in the process.

Important

To do this, you need to meet and discuss the details of canceling the deal. Most often, everything returns to normal through the reverse process. This method is beneficial when carried out between relatives, since no tax is required.

Agreement on termination of the apartment donation agreement sample. In court In what cases is a document terminated in court? If the parties cannot agree, then the party who believes that its rights have been infringed goes to court with a statement of claim. The court reviews the submitted paper and, if it deems it necessary, will set a hearing date and invite the opposite party as a defendant. Where to start, where to turn? First of all, you must obtain permission to return the transaction to normal.

How to draw up an agreement to terminate a gift agreement

Real estate Based on civil law, real estate received as a gift must be returned to the donor, and the transaction is declared invalid when, for example:

as a result of the concluded deed of gift, the legal rights of the relatives of the donor or his heirs were violated;
because of the committed action, not only the donor himself, but also his family suffered morally;
the court recognizes it as fictitious or imaginary;
a person who is considered legally incompetent for medical reasons participated in the signing of the gift agreement;
the party to the agreement was a minor citizen for whom the document was signed by a third party or his legal representative;
and others.

Often, real estate transactions are declared invalid by the court because the donee exerted physical or moral pressure on the donor, intimidated him, i.e.

Is it possible to terminate an apartment donation agreement by agreement of the parties?

Filling it out with a notary is not a mandatory step. Submitting documents What documents are required? In order to make such a return, you must have the following package of documents with you:

court decision, if any;
property documents;
passports of the parties;
technical documentation for living space;
gift agreement.

Where to submit documents? Documents are submitted to the Rosreestr department or multifunctional center.

Termination of the apartment donation agreement (2018)

Evidence may include:

certificates from medical institutions about the health status of the donor;
witness statements;
written threats;
video evidence and so on.

There are several other reasons for canceling a deed of gift:

incorrectly drawn up gift agreement;
an indication of the recipient’s obligations (lifelong care, transfer of a certain amount of money);
disguising the purchase and sale of an apartment as a gift agreement to evade taxation;
use of official position;
lack of signature of one of the parties or a notary;
violation of real estate encumbrances.

In judicial practice, won cases on the cancellation of an apartment donation agreement for the above reasons are rare. The difficulty lies in collecting evidence.

However, Petrov survived, as he received prompt medical assistance. Nikita was found guilty of committing a crime under Part 3 of Art. 30 and part 1 art.

105 of the Criminal Code of the Russian Federation and was sentenced to 7 years of strict regime imprisonment.

Subsequently, Mikhail went to court in order to cancel the contract of promise of gift to his nephew, since the latter had made an attempt on his life.

The court granted the plaintiff's claim, canceling the promise of deed of gift. Important: The commission of illegal actions by the recipient of a gift in relation to the donor or his relatives must be confirmed by a court verdict that has entered into legal force.

The donor has the right to demand termination of the deed of gift if the donee’s handling of the donated item creates a threat of its irretrievable loss (Part 2 of Article 578 of the Civil Code of the Russian Federation). The donated item must have non-property value for the donor.

As a result of the proceedings, the court may decide that the property be returned to the donor or refuse the plaintiff.

If during the proceedings or when the donee had the opportunity to use the gift, he changed its original appearance (made repairs, built a house on the land, sold a car, exchanged one apartment for another, etc.

), then he will have to compensate the donated property according to the market value.

statement of claim for termination of a residential donation agreement This provision applies not only to the situation when property must be returned on the basis of a court decision, but also in the event of an agreement being concluded peacefully. In a situation where the donee has sold the property and spent the proceeds, the debt will also have to be collected from him in court.

Important! If the ownership rights were exercised more than 3 years ago, the statute of limitations cannot be extended.

Step-by-step instructions How to terminate an apartment donation agreement? To recognize the contract as terminated, it is necessary either the consent of the donee to the proposal to resolve the matter by agreement of the parties, or termination in court. Let's consider the sequence of actions in both cases.

By agreement of the parties Article 450 provides that the instrument shall terminate by mutual agreement of the parties. It must appear in a written refusal submitted for state registration. To do this you need:

make a proposal for an agreement by one of the parties. To do this, send a termination letter to the alleged defendant with a proposal for an amicable settlement.

Category: News

Ivan Titov - 06/12/2018

Source: https://bk-ast.ru/rastorzheniya-dogovora-dareniya-kvartiry-po-oboyudnomu-soglasheniyu-storon/

Agreement on termination of the gift agreement: sample

A sample agreement is here.

AGREEMENT

on termination of gift agreement No. 7389

St. Petersburg August 26, 2020

Citizen Denisov Konstantin Yurievich, born March 28, 1972, passport (series, number, issued) 8378 No. 843779 issued by the Kirov Department of Internal Affairs of St. Petersburg on March 18, 2009, living at the address: St. Petersburg, st. Februaryskaya, 28 kv.19, hereinafter referred to as the “Donor”, on the one hand, and citizen Arkady Dmitrievich Vavilov, born July 28, 1982, passport (series, number, issued) 8378 No. 998793 issued by the Leninsky Department of Internal Affairs of St. Petersburg 14 February 2008, living at the address: St. Petersburg, st. On March 8th, 32 quarter 8, hereinafter referred to as the “Donee”, on the other hand, hereinafter referred to as the “Parties”, entered into this agreement, hereinafter the “Agreement”, as follows:

Certified by us on July 15, 2020 in the Central State Notary Office of St. Petersburg under register No. 7373/24, a contract of donation of a car brand Toyota model Yaris, 2014, state license plate C761HX, Hatchback body, chassis 49JN937293NNVW34, engine 7G73, We terminate with our mutual consent.
At the time of signing this agreement, the Donee transfers to the Donor the Toyota Yaris car received under the above agreement.
The costs associated with the termination of the gift agreement are borne equally by the parties.
A copy of this agreement is kept in the files of the Central State Notary Office of St. Petersburg at the address: St. Petersburg, st. Gagarina, 38/2 and a copy is issued to each of the parties.

Agreement on termination of the gift agreement: form

The agreement form is here.

AGREEMENT

on termination of gift agreement No. _____

____________________ ___________________________“___” ______________ _______

Citizen ________________________________________, passport (series, number, issued) _______ ______________ _________________________________________ ______________, residing at the address ________________________________________, hereinafter referred to as the “Donor”, on the one hand, and citizen ________________________________________, passport (series, number, issued) _______ ______________ ________________________________________ ______________, residing at the address __________________________________________, hereinafter referred to as the “Donee”, on the other hand, hereinafter referred to as the “Parties”, have entered into this agreement, hereinafter referred to as the “Agreement”, as follows:

The donation agreement for a car brand ______________ model ______________, _______ year of manufacture, state license plate ______________, body ______________, chassis ______________, engine ______________, certified by us “___”______________ _______ in the ______________ state notary office according to register No. _______, with our mutual consent we terminate.
By the time of signing this agreement, the Donee transfers to the Donor the car received under the above agreement ______________.
The costs associated with the termination of the gift agreement are borne equally by the parties.
A copy of this agreement is kept in the files of the ______________ state notary office at the address: _________________________________________ and a copy is issued to each of the parties.

DETAILS AND SIGNATURES

Donor

Registration address: ______________________________
Mailing address: ______________________________
Phone fax: ______________________________
Passport series, number: ______________________________
Issued by: ______________________________
When issued: ______________________________
Signature: ______________________________

donee

Registration address: ______________________________
Mailing address: ______________________________
Phone fax: ______________________________
Passport series, number: ______________________________
Issued by: ______________________________
When issued: ______________________________
Signature: ______________________________

Agreement on termination of the apartment donation agreement

The agreement form is here.

AGREEMENT

on termination of the apartment donation agreement

__________________ ______________ (date in words)

We, ______________________________________________________________, residing in __________________________________________________________ and _______________________________________________________________, residing in _______________________________________________________________, have entered into this agreement as follows:

1. Certified by us “___”_______20___. in the ______________________ state notary office according to the register N_______, the contract of donation of an apartment located at the address: ___________street _________________, no.___, with a total area of __________, with our mutual consent, we terminate.

2. I, _________________________________________________________________ at the time of signing this agreement, transfer to my brother_______________________________________________________ the apartment _________________ received under the above agreement.

3. We bear the costs associated with the termination of the gift agreement equally.4. A copy of this agreement is kept in the files of the _______________ state notary office at the address: ______________________ and a copy is issued gr. ___________________ and gr.____________________

Signatures of the parties

___________________

Certification inscription of the state notary office

State fees, legal services

A claim for termination of a deed of gift requires payment of a state fee in the amount of 300 rubles. When filing a claim, a payment receipt should be included in the package of documents.

The need to involve a notary or legal organization is not established by law. However, given the complexity of such cases, resorting to such services is more than advisable and significantly increases the chances of a favorable resolution of the issue.

When choosing a lawyer, you should proceed from his experience in handling similar cases. The cost of legal services depends on the professionalism and experience of the specialist.