How to return a donated apartment back to the donor

What is a gift agreement and its types?

We all love to receive gifts, and if ordinary items are given, even very expensive ones, no formalities are required.
It’s another matter if the gift is real estate. In this case, it is necessary to draw up a gift agreement (deed of gift) so that the recipient can re-register ownership of the property. Most often, apartments or houses are given to each other by close relatives, for example, parents to children. Much less frequently, but there are cases when real estate is given to a person who is not related to the donor by family ties.

The owner of the home has every right to donate it to any person, organization or foundation. If the agreement is drawn up correctly, then it will be very difficult for even the closest relatives to challenge the fact of the gift.

Watch a video on this topic from an economist with 20 years of experience:

A gift agreement can be drawn up without notarization, but lawyers still recommend contacting a notary to avoid the risk of the document being appealed by interested parties.

Types of deed of gift

Photo: https://pixabay.com/photos/document-agreement-documents-sign-428331/

Real contract

Involves a free bilateral transaction without any additional conditions. It comes into force at the moment of official transfer of property, that is, the donee has the right to dispose of the property as soon as the contract is signed and the property is registered in the name of the new owner.

The property should not be encumbered, that is, be pledged or purchased on credit that has not yet been paid off.

Example. The parents own two apartments, they live in one themselves, and they decided to give the other to their son. After drawing up the deed of gift, the family contacted the MFC, where documents were submitted to re-register the property in the name of their son. After the son has received title documents, he is the owner of the property and has the right to live in it legally, sell it, donate it, or bequeath it.

Consensual agreement

In this case, the donor specifies certain conditions in the deed of gift. If they are not fulfilled, the transaction is considered void (invalid).

Example. The mother gives her son an apartment with the condition that she will live in it for life. Thus, the son can dispose of housing only after the death of his mother.

This is the most correct and appropriate type of deed of gift, since elderly parents can protect themselves and not be left without a roof over their heads. There are many cases when donors are left homeless after donating their apartments without any conditions.

You can specify any requirements for the recipient, except material ones. The transaction involves a gratuitous donation.

Donation

This is a special type of gift when the donor is an individual and the recipient is a legal entity.

Example. A well-to-do, lonely elderly man donates his large private house and land to an orphanage. Thus, he makes a donation for charitable purposes.

Such a donation involves only intended use. If real estate and land were donated to a children's institution, then they must serve their intended purpose. Any other purposes are unacceptable.

Can a donated apartment be taken away for debts?

If the deed of gift has already been drawn up and the bank client has received the title documents, then he is the owner of the property. And, here the situation will be exactly the same as in the case of any other immovable objects. Therefore, the answer to the question whether a bank can take away a donated apartment for debts is clear.

The situation can be complicated by the presence of a child - the state protects the interests of minors and very strictly ensures that they are not left homeless. Therefore, legal proceedings with clients with registered children often do not lead to immediate satisfaction of the bank’s claims. Most often, you have to wait until the child turns 18 years old.

This is interesting: How to Calculate the Benefits of a Labor Veteran in the Moscow Region If There are Two Benefits

How can a donor challenge a deed of gift?

Is it possible to revoke a deed of gift for an apartment if the donor changes his mind?

According to the Civil Code of the Russian Federation, Art. 578 cancellation of the deed of gift is possible in the following cases.

After completing the transaction, the donee committed illegal actions against the donor or members of his family - bodily injury, attempt on life and health. In this case, the donor has the right to revoke the deed of gift, and if the donee deprived the donor of his life, then the heirs of the victim can apply to the court to cancel the gift agreement.
The donor has the right to sue the recipient if he carelessly handles the donated property and through his actions creates a risk of irretrievable damage or loss. That is, they do not take care of the donated housing, do not make repairs, deliberately destroy it, and render it unusable.
If the donor survives the recipient, then he can return his property, but only if these conditions were specified in the gift agreement.

Termination of a gift agreement is possible only in court.

Unforeseen situations may arise when the donor can challenge the fact of the donation and return the property, but only if the gift agreement is concluded with certain conditions, for example, deferment of registration of property in the donee.

Example. A successful businessman gave an apartment to his mistress with a delay in registering property rights for three years. During this time, he managed to go bankrupt and lose all his savings. Since the donation agreement has not entered into force, the donor has the right to regain the previously owned apartment.

A sharp deterioration in the health of the donor, when he requires urgent surgery or expensive treatment, can also serve as a reason for returning property. If the agreement was drawn up with a delay, then challenging the deed of gift will not be difficult.

When drawing up a gift agreement, you need to take into account many factors and nuances, so you need to carefully consider additional conditions, and it is better to seek advice from a lawyer.

Is it possible to return the donated apartment back?

It would seem that what could be better than the situation when you were given real estate? But there are many cases when a person who has received housing as a gift wants to give it up. Is it possible to return the donated apartment back? Let's talk about this in this article.

Is there a legal possibility of returning donated housing?

The deed of gift may have retroactive effect. That is, the procedure for returning donated housing is possible, but it is quite difficult to do.

The new owner of the apartment, which was given to him as a gift, is guaranteed by the following legislative points:

Article 573 of the Civil Code of the Russian Federation (part 1);
Article 574 of the Civil Code of the Russian Federation (clause 3);
Article 578 of the Civil Code of the Russian Federation;
Article 450 of the Civil Code of the Russian Federation.

From the legal side, refusal to accept real estate as a gift is a rather complicated case, but there is still the possibility of returning the object of donation according to the law.

Article 578 of the Civil Code of the Russian Federation contains the following information:

The donor has the right to cancel the donation if the person to whom he is donating housing caused him bodily harm or attempted to kill his life or the life of his close relatives. If the donor passed away due to the fault of the recipient, his heirs can deal with the annulment of the deed of gift in court.
You can return donated housing if the recipient uses it so carelessly that there is a risk of losing it.
The deed of gift may contain a clause allowing the gift to be revoked if the donor survives the donee.

Does the recipient have the opportunity to return the home to the donor?

The recipient has the right to return the donated housing. This procedure can be carried out using two methods:

registration of a deed of gift for the former owner;
execution of a written agreement to cancel the deed of gift.

If the gift agreement is certified by a notary, the cancellation agreement will also need certification. The state will also have to be held. registration of contract cancellation.

If the recipient decides to return the apartment, the donor must first be notified about this. In general, the law indicates the existence of the right to refuse a gift before the documents have been executed. Otherwise, it will not be possible to resolve the issues presented unilaterally.

Let's consider the stages of the recipient's recommended actions in the presented situation:

Go to the notary who certified the contract.
Submit the required package of documents.
Draw up a new deed of gift for the former owner or an agreement to cancel the old one.
Register a new document in Rosreestr.

Regardless of whether a new deed of gift or a cancellation agreement is drawn up, both parties must be present during this procedure. Sometimes permission may also be required from the persons living in the apartment.

If the recipient wishes to return the home to the former owner, it is better to draw up a standard deed of gift. The law does not establish the form of an agreement to renounce a gift. For this reason, a free form of its design is possible.

This agreement must contain the following information:

Full name of the parties.
Subject of design.
Details of the contract that needs to be cancelled.
Characteristics of the apartment.
Procedure for compensation of transaction costs.
Signatures of both parties.

The agreement may also contain other information. An application for registration of ownership rights can be signed by filling out the form provided by the registering organization.

Reasons for return

In order for the donor to return the donated housing or its share, there must be compelling reasons and circumstances.

Regarding the recipient, the law does not presuppose the existence of reasons or conditions. Article 573 of the Civil Code of the Russian Federation states that the recipient may not explain the reasons why he refuses the gift.

Note: If the agreement has not been registered, the recipient can easily refuse the proposed gift. And if the gift has already been accepted, the contract is considered fulfilled.

According to the Civil Code of the Russian Federation, the donee may refuse the gift until it has been transferred to him, in which case the contract will be terminated. When concluding a written contract, the refusal will have to be formalized in writing.

If the recipient refuses the gift, the donor may demand compensation from him for damage incurred due to the refusal.

How to return housing after registration?

An agreement that has been registered with Rosreestr can only be canceled by another agreement that will also be registered. This is possible only if both parties agree. Otherwise, the presented issue can only be resolved through court.

If both parties agree that the transaction should be canceled, you will need to write a refusal to accept the gift.

Article 450 of the Civil Code of the Russian Federation states that without a trial, the return of housing under a deed of gift is possible if both parties agree to this.

The contract may be terminated if any of its clauses have not been complied with. If one party carries out actions to the detriment of the other, the deed of gift can also be terminated, but through the court.

Also, the deed of gift may contain a clause on the possibility of its unilateral termination.

How can a donor return a donated object?

How can the donor return the donated housing? This is possible with two options:

Talk to the recipient and get his consent to return the gift. In this case, both parties draw up an agreement to terminate the contract.
If there is no consent from the recipient to return the donated housing, you can go to court. For this, the donor must have reasons. The court will require evidence of the right to return housing after donation.

Resolving this issue through the court is quite labor-intensive. In addition to providing evidence, you will need to pay a state fee. You will need to be patient as this process will not be quick. In a situation where the court decision is in favor of the donor, the apartment will be returned to him.

Required documents

Let's look at the basic set of documents required in case of returning a donated apartment:

statement;
deed of gift;
passports of both parties;
extract from the Unified State Register;
certificate about the number of people registered in the apartment;
permission of the residents for the previously drawn up deed of gift to be cancelled;
check for payment of state duty;
documents for the object of donation (cadastral passport, certificate of appraised value);
power of attorney (if a representative of one of the parties participates in the transaction).

In different cases, additional paperwork may be required. You can submit documents at Rosreestr or at the MFC.

Papers can be brought in person, sent by mail or via the Internet (if you have an electronic signature). But the fastest option would be the personal presence of both parties at the registration authority.

How much time and money will it take for registration?

Typically, the application is processed within 7 working days. But the parties will learn the date of receipt of the documents only after an employee of the registration authority accepts all the prepared documents and writes a receipt for their acceptance.

If there was an independent application to Rosreestr, the payment for state registration will be 2,000 rubles.

For the fact that the certificate will be redone, they will ask for 200 rubles.

The notary will ask for 3000-7000 rubles for his services, plus payment for technical work will be 5000-8000 rubles.

The state fee in case of using the services of a notary will be 0.5% of the transaction value, but not less than 300 and not more than 20,000 rubles.

Failure Cases

Cancellation of a deed of gift may be refused in the following cases:

The agreement was poorly drafted.
The agreement was not registered.
The applicant is in a state of insanity.

If rejected, the applicant has the opportunity to file the claim again before the deadline for filing it.

The nuances of refusing a gift

Cancellation of a deed of gift has some nuances:

If two spouses become owners of an apartment after registering a deed of gift, an agreement from each spouse to renounce the gift will be required. But this is not always easy to achieve.
A notary can provide assistance in completing the refusal, which will help avoid mistakes. However, there are not so many notaries who have experience with cases of abandonment of a donated apartment.
Despite the fact that a gift is considered a gratuitous procedure, payment of tax is required, except in situations where the parties are close relatives.
When canceling the contract, only notary services and state fees are payable.
During legal proceedings, the court usually sides with the recipient. The latter does not need to explain any reasons, unlike the donor.

Statute of limitations for a transaction after it has been registered

The maximum period for which a transaction can be canceled is three years.

However, even after three years, a claim in court can be accepted if the deadline was missed for good reason.

Is it possible for a third party to challenge the contract?

Relatives of the donor or representatives of government authorities can challenge the deed of gift.

Relatives can file a lawsuit in court in the following situations:

death of the donor;
declaring the donor incompetent;
other situations provided for by law.

Representatives of government authorities who can challenge the deed of gift include investigative authorities and guardianship authorities.

The agreement can be challenged by a third party only through court.

Conclusion

When giving housing as a gift to a relative or a person who is not related to the donor, the latter has the right to return it. And today there are quite a lot of such situations. On most legal Internet portals, you often encounter questions like: “I want to return a donated apartment. How to do it?".

This is easy to do if both parties agree. The deed of gift can be canceled, and the property can also be transferred back.

In other cases, to return the apartment, you will have to go to court, where proof of rights will be required.

When a deed of gift is invalidated

Due to the fact that a gift agreement can be concluded in free form and not notarized, situations often arise when the transaction may be declared invalid.

Cancellation of a gift agreement can be initiated in court by the donor himself, his relatives or third parties.

Photo: https://pixabay.com/photos/lady-justice-legal-law-justice-2388500/

Additional terms of the agreement

Property can only be donated free of charge. According to the law, the deed of gift cannot contain material requirements for the recipient, for example, to pay or give something in exchange for the housing received.

Special conditions are allowed in the gift agreement, but they must be intangible, for example, the agreement comes into force after a certain time or the donor has the right to live in this living space until his death.

But some conditions may be drawn up incorrectly or incorrectly, and therefore give rise to a challenge to the transaction.

Unacceptable conditions in the deed of gift:

the donee is required to provide any material benefits, lifelong maintenance or transfer of ownership of other property;
vague definition of donating or writing off “all property” - the subject of the donation is not specified;
promises to donate housing after the death of the donor - incorrect wording with the aim of the donor’s desire to live in the apartment leads to the fact that the property after his death is inherited by his closest relatives, since it was not officially re-registered to a specific person.

If given to a certain category of persons

According to Article 575 of the Civil Code of the Russian Federation, it is prohibited to give real estate to:

officials and employees of the state apparatus, if they are not close relatives of the donor;
employees of guardianship authorities from their wards;
to teachers and doctors on behalf of students and patients, as well as on behalf of their relatives, parents or spouses;
guardians and legal representatives on behalf of minors and incapacitated citizens;
officials who serve in institutions where minor children or incapacitated people live (orphanages, boarding schools, nursing homes and others).

The donor had no right to dispose of the property

The transaction will be invalid in at least three cases.

The donor did not have title documents for the property

Photo: https://pixabay.com/photos/real-estate-agent-sale-home-keys-3337032/
Possible reasons are as follows.

After purchasing the apartment and signing the purchase and sale document, the donor did not re-register ownership of the apartment, but immediately executed a gift agreement.

Example. The father decided to give his daughter a gift for coming of age - an apartment. Since the daughter was still a minor, the father had to deal with the purchase directly. After the purchase and sale agreement was signed, the man immediately wrote a deed of gift. Unfortunately, it turned out to be invalid, since you first had to register the property in your name, and only then dispose of it.

After signing the deed of gift, it turned out that the court had issued a ruling on the invalid ownership of real estate received by will or purchased in violation of the law.

Example. The man gave the apartment received under the will to his son, but the relatives of the deceased were able to prove that the will was written under pressure. By a court decision, the will was declared invalid; accordingly, the deed of gift lost its force, and the apartment had to be returned to the relatives of the deceased.

The donor did not have the notarized consent of the spouse

If the property was acquired during marriage, then in order to dispose of it, the consent of the second spouse, certified by a notary, is required.

Example. A successful businessman, being married, gave an apartment to his mistress. A notary he knew illegally formalized his wife’s consent to the transaction. While filling out documents at the MFC, a businessman and his mistress were accidentally seen by a close friend of his wife, who immediately called her deceived wife. As a result, the gift agreement was declared invalid, and the notary lost his license.

The donor is a co-owner of the apartment, but donated it entirely.

Example. Two sisters own a two-room apartment. One of them wrote a deed of gift for her granddaughter, but since she was already old and did not have the necessary knowledge, the data in the contract was indicated incorrectly. When re-registering the property to my granddaughter, it turned out that the apartment had another co-owner. MFC employees pointed out the error in time, and the gift agreement was rewritten.

Premature death of the donor

Photo: https://pixabay.com/photos/cementerio-flor-cemetery-death-948048/
If the gift agreement was signed by both parties, and the donor died suddenly before the property was re-registered to another owner, then the deed of gift is considered invalid.

In this case, the property will be divided between heirs according to the law, and if there are none, it will go to the state. However, if the donor manages to write a will for the recipient, then the transaction will be legal.

Example. The grandfather decided to give his house to his granddaughter, since she was the one who took care of him in recent years. After signing the deed of gift, the man’s condition deteriorated sharply; the emergency doctor confirmed that he had just a few hours to live. During this time, the granddaughter called a notary to the house, and the grandfather signed a will in her favor. If this had not happened, the house would have been inherited by law between first-degree relatives.

The property is in disrepair

The deed of gift is considered invalid if the housing is recognized as unsafe and cannot be re-registered to a new owner.

In this case, it is necessary to wait for an adequate response from the state - compensation for the purchase of a new living space or relocation to another housing, and only then return to drawing up a deed of gift.

In what cases is a deed of gift revoked?

Refusal to donate

If the parties have signed an agreement, but have not yet submitted documents for state registration, after which they have agreed that they refuse to complete the transaction, then it will not be concluded and will not entail any consequences and the recipient will not have the right to the apartment.

In order to protect yourself from possible claims in the future, it is recommended that such an agreement be drawn up in writing.

Cancellation of a donation is possible in the following cases:

Attempt on life, causing bodily harm. The person who donated his living space can cancel the transaction if the recipient has encroached on his life or the life of his relatives, close people, and also inflicted bodily harm or beatings on the former owner. When committing these acts, before challenging the transaction, you must file a complaint with law enforcement agencies. A preliminary investigation of the crime must be carried out, and a verdict must be passed by the court.
Murder of the donor by the donee. In this situation, the donor's heirs have the right to cancel the transaction.
The donee died before the donor. It is possible to return the donated living space only if such a right is expressly stated in the deed of gift. In the absence of such a condition, it will not be possible to return the apartment, and it will pass to the heirs of the donee.
Deterioration in the financial situation or health of the donor. An agreement has been signed between them providing for the donation of housing in the future, or the deed of gift has not yet been submitted for state registration, and during this period the health of the donor or his living conditions and financial situation worsens so much that the transaction will negatively affect his living conditions. In this case, the other party demands that the property be donated to him, and it is possible to cancel the donation.
The new owner treats the apartment in such a way that it may be irretrievably destroyed. If for the previous owner the apartment has great intangible value (for example, it is dear to him as a family memory), and the new owner’s handling of the gift is such that irreparable damage could be caused to the housing, you can demand that the donation be cancelled. However, on these grounds, deeds of gift are canceled quite rarely, since it is difficult to prove the intangible value of the apartment for the donee.

The most common grounds for declaring an apartment donation agreement invalid are the following:

The deed of gift was signed under the influence of fraud or misconception. The most common grounds are when a person, due to age, health, or illiteracy, believes that he is signing, for example, a will, a life agreement, and not a deed of gift. The recipient does not understand that he is giving away his property and loses it irrevocably, thinking that he is making another transaction in which his apartment remains his. As a rule, the donee uses the trust relationship that has arisen with the owner, which arises between them as relatives or friends. Often, using their official position, deception occurs on the part of law enforcement officers and social services.
Taking advantage of the difficult life situation of the apartment owner. It has common features with the previous basis, but at the same time, but at the same time, deceiving the owner of the property, they take advantage of the difficult life situation in which the owner or his relatives find themselves - debts, the threat of criminal prosecution, illness, etc.
Giving as a result of threats or violence. In this case, the signing of an agreement is achieved by using threats or physical violence, either individually or in combination. They can threaten with physical harm both the owner of the living space and his relatives and friends, intimidate with criminal prosecution, destruction of property, etc. Physical violence may be used - beating, torture.
The donor does not understand what actions he is performing and is deprived of the opportunity to manage them . If the donor suffers from a mental disorder or at the time of the transaction his mental state was such that he did not understand the essence of what was happening, there are grounds for invalidating the gift. To confirm this condition, a forensic examination is required.
The donor is deprived of legal capacity by the court or limited in it. Such persons cannot enter into gift agreements themselves. The deed of gift signed by them is considered invalid.
A sham transaction , i.e. a transaction other than a gift has been made. For example, if in fact the purchase and sale of an apartment is covered by a deed of gift.
Imaginary transaction , i.e. in fact, the donation did not occur. It takes place for the purpose of “withdrawing” real estate from ownership in order to avoid foreclosure on it, division with a former spouse, etc., but in fact, the former owner actually continues to remain the owner.
There is no consent to the transaction. If an apartment purchased during marriage is given as a gift, and the gift is made in the absence of the consent of the spouse, the latter may recognize the gift as invalid.

Can relatives challenge the deed of gift?

It's no secret that most often conflicts and controversial situations arise among relatives precisely against the background of the division of this or that property. Donated real estate can become a stumbling block between relatives who consider themselves deprived.

Is it possible to cancel a deed of gift if the relatives of the donor are against the concluded transaction and consider it invalid? Yes, but only if they prove their case in court.

There are several reasons why the fact of a gift may be disputed.

Violation of legal requirements (Article 168 of the Civil Code of the Russian Federation)

If the law or other legal act was violated during the donation transaction, then such an agreement can be challenged in court.

But until any decision is made by the court, the transaction will be considered valid.

Imaginary or feigned transaction (Article 170 of the Civil Code of the Russian Federation)

First of all, you need to clearly understand the definitions.

An imaginary (fictitious) transaction is a transaction that is made only for show, and the real goals of its participants do not correspond to the subject of the agreement.

Example. The individual entrepreneur's business has been somewhat shaken. By law, the executive authorities can describe his property, including housing (if it is not the only one), and after the sale, use the proceeds to pay off debt obligations. To avoid confiscation, the entrepreneur decided to fictitiously donate the apartment to his cousin, continuing to use it as his own property.

A sham transaction is one that is made to cover up another.

Example. Apartment for sale. The buyer is married, but would like to purchase the property separately from his wife, so that in case of divorce he does not have to divide the apartment in half. The seller wants to minimize taxes on the property being sold. Both parties to the transaction agree to disguise the purchase and sale as a gift.

Such transactions are always concluded consciously and voluntarily, by capable citizens who clearly understand all their actions. However, one of the participants may be misled, which still needs to be proven.

The donor does not understand his actions (according to Article 177 of the Civil Code of the Russian Federation)

How to cancel a deed of gift if the donor was in poor condition at the time of signing the agreement?

If the court is provided with evidence that the donor was under the influence of alcohol or drugs, suffers from mental disorders, or is declared incompetent, then such a transaction will be considered invalid.

It is easiest to prove complete or partial incapacity, since such people are observed in medical institutions and guardianship can be established over them. If such a person signs a gift agreement, then this fact will be easy to protest.

There is another category of incapacitated people - by age. This includes young children who have not reached the age of majority. They cannot make gifts without the permission of their parents or guardians. Therefore, if such a document exists, then it is void (invalid).

Photo: https://pixabay.com/photos/alzheimer-s-man-portrait-face-749616/

It is much more difficult to prove the insanity of an adult with legal capacity who signed a deed of gift while drunk or under the influence of drugs. In this case, strong evidence will be needed to invalidate the transaction. It is advisable to have not only witness testimony from third parties, but also video or photography.

If the fact of donation is detected within a short time, then you can contact the medical examiner to do a blood test for the presence of alcohol or drugs.

Gifting under the influence of delusion (under Article 178 of the Civil Code of the Russian Federation)

A transaction will be considered invalid if it is proven that it was made under the influence of a material misconception.

If relatives or third parties provided the donor with incorrect information (even unintentionally), and he, not understanding the consequences of the action taken, issued a deed of gift for housing, then such a transaction will be considered void. But this requires strong evidence that the person was really misinformed.

The misconception must be so significant that if a person had objectively and reasonably assessed the real information and knew about the actual state of affairs, he would never have made such a transaction.

An example of a misconception would be the belief that the donor will live and own the property for the rest of his life, and that ownership will pass to the donee only after the death of the donor.

Another daughter who does not have a deed of gift wants to pay off the debt and take away the apartment

To whom who pointed out to you the right to sell to you and the buyer. An extract from the house register, paying the allowance will be problematic and the case for 3 years from the date of issuance of the certificate of the right to inheritance according to the law, any person from this date is issued to your place of opening, and then certified by a notary upon refusal to participate in it, while the law is on your side. All necessary documents require the consent of the legal representative at your site.

Hello. Even if the apartment is owned by people living in the apartment (apparently this is the case) the fee is generally charged, then the owner has the right, at his own discretion, of the residential premises, if you are still registered in the apartment and have not yet used the apartment and you purchased a house in the apartment, and can also register it in This apartment is for an adult. If you want something to give you as a gift from the owner, then joint residence with the owner. If you refuse to receive it, you must register with the Federal Registration Service, and write an application to Rosreestr with mandatory ownership. Apparently, it’s not that at 16 years old, the spouse won’t want to save something? His permission will write a corresponding statement of commission in relation to the person to whom he did not receive it back for paperwork to choose from.

11 Mar 2020 lawurist7 395

Share this post

Benefits for single mothers in 2020

Will there be payments from maternity capital in 2020 and when?

Legal Assistance to the Liquidators of the Chaos in Voronezh

Benefits of WBD in the Sakhalin Region

What are the deadlines for challenging a donation?

You can challenge a gift agreement within three years from the date of re-registration of real estate to another owner.

Photo: https://pixabay.com/photos/clock-book-font-world-antique-old-623166/

However, there are some exceptions.

The donor wants to revoke the contract, but the donee is categorically against it. In this case, the limitation period increases to five years.
An outsider who is not related to the donor may challenge the fact of the gift within a year from the date of signing the transaction.
Relatives of the donor can challenge the deed of gift within three years from the moment they learned about the accomplished fact. But if the registration of real estate occurred more than ten years ago, then his chances are negligible.

Donation agreement Mom gave the apartment and father wants to take it away

The question is not correct. To draw up a will - approximately 400 - 500 rubles. (depending on the cost of technical work). But entering into inheritance rights is a completely different matter. Registration of the right to inheritance requires: opening an inheritance, collecting documents (BTI and property valuation), issuing a certificate (c) for inherited property, paying a state fee (from a notary for inherited property, which significantly depends on the degree of relationship), registration of ownership. Only then is the tax on inherited property (not for close relatives) paid. 2. Registration of a deed of gift also depends on the method (notarial or simple written). Accordingly, the tax depends on the degree of relationship. Sometimes it is better to draw up a sales contract (fictitious). This allows you to avoid tax or take advantage of a property deduction. Art. 220 Tax Code of the Russian Federation.

It was a difficult week in terms of plans. life, so to speak, but man is a creature of hope, accustomed to hoping for a miracle, even in the most critical situations, hopeless and merciless situations, however. This is all a lyrical digression. The brightest spot in the whole past week was one match, the only one that I watched, the only one that brought me points (and there are three in total!), the only one that gave me a glimmer of hope. This is the derby, Spartak-CSKA, which took place yesterday. what can I say? I’m satisfied with the game, of course Spartak was lucky that the match fell on the post-Bavarian horses, and yet we must pay tribute to KB, they played very well and in good spirits, the score of the game was completely logical, Spartak somehow reminded me of myself with this game, back in the 90s x, nice, a kind of nostalgia... The fight in this championship, as expected, will not be a joke, in general the tour turned out to be unpredictable, which again pleases, unpredictability is what we need...

Donation agreement: briefly about the main thing

A deed of gift or deed of gift is an agreement between two entities who enter into a civil law transaction with each other. One of the parties transfers the property to the other absolutely free of charge, and the second party takes it into its own ownership. Such a document is always subject to registration with Rosreestr. As a rule, it is drawn up in three copies, one copy is provided to each of the parties, and one copy remains with the body that carries out the registration.

Thus, it turns out that the donor transfers ownership immediately after signing the agreement. When the transaction is registered, the new owner has every right to immediately exercise his right and register the property as his own. The right of ownership that arises for the heir when he has to wait six months to enter into the right of inheritance does not work here.

But before revealing the algorithm for returning real estate under a deed of gift, we note that the gift agreement itself can also be considered void. And then the transaction carried out under such an agreement will be declared invalid.

When a gift agreement can be declared void:

If the donor was subjected to physical or moral pressure, under which the contract was signed;
If the donor is an incapacitated subject;
If an object that is under arrest is donated;
The agreement is concluded and signed between the parties to the relationship, but is not properly registered;
Fraudulent schemes carried out under a gift agreement;
A deed of gift concluded between entities who have agreed among themselves to provide some benefits and benefits in return to the donor.

If any of these facts is confirmed, the donated property will automatically be transferred to the donor.

About the opportunity

Is it possible to return a donated apartment back to the donor? That is, does the deed of gift for an apartment have retroactive effect ?

It turns out that it is possible to return an apartment that is the subject of a gift, although it is not easy.

The rights of the recipient of the apartment are guaranteed by the following documents:

Part 1 of Article 573 of the Civil Code of the Russian Federation;
clause 3 art. 574 of the Civil Code of the Russian Federation;
Art. 578 SCRF;
Art. 450 GKRF

Legally, refusal to receive real estate as a gift refers to somewhat casuistic cases , but there is still an opportunity to return the apartment legally.

Find out what is best to formalize: donation, will or purchase and sale on our website.