Is it possible to revoke a deed of gift for a house, and how to do it correctly?

Termination of deed of gift by mutual agreement

The simplest procedure for terminating an agreement on the gratuitous transfer of a gift into ownership is provided upon reaching mutual agreement of the parties.
If the agreement is concluded orally, then the donee simply returns the gift. But what if the deal is written? In this case, the donor and donee enter into an additional written agreement to terminate the contract.

For gifts subject to mandatory state registration, such an agreement will be the basis for a reverse transfer of ownership (for example, if we are talking about real estate).

What is a deed of gift for an apartment

A deed of gift is a document that represents a certain type of transaction that involves the transfer of ownership of an apartment from one person to another.

The donor can be a citizen of the country who owns such property, and also has the appropriate supporting documents for this.

As for the donee, his role can be played not only by a citizen, but also by an entrepreneur or an enterprise, organization, charitable foundation, all at the discretion of the donor.

An example of an application to cancel a donation.

The peculiarity of the deed of gift is that it is gratuitous, the person who gives the apartment does not have the right to demand from someone who does not receive material compensation, including money, unlike the agreement for the lifelong maintenance of funds, the person will also not be obliged to provide services according to the content of the one who gives.

However, it is worth understanding that the moment of transfer of ownership of such an item occurs immediately after the signing of such an agreement.

In a will, for example, property can be transferred only after the death of the testator.

However, donors often do not know this point, so many people of this kind are left simply without a roof over their heads in the most difficult situations, for example, an elderly person needs proper care, and unlucky individuals lure the old man out of an apartment, the elderly person does not understand the complexity of registering a deed of gift, the need to draw up a specific agreement.

A sample donation agreement for an apartment can be downloaded here.

However, a completely different form of agreement is enshrined on paper and no care or financial assistance is provided from the moment the agreement is concluded, after which the person loses the right of ownership of the property.

Some norms of the current legislation of our state, namely the Civil Code, establish the basic requirements for the execution of a gift agreement; this is a written form that must contain all the conditions, as well as detailed information about the apartment in accordance with the relevant documentation.

In other words, this is:

1. technical condition;
2. address;
3. square;
4. the number of rooms, as well as the price of such property at the time of concluding such a transaction.

The parties are required to formalize such a transaction with a notary and also have their signatures certified.

Reasons and grounds for canceling the deed of gift

There are times when a person wants to refuse a deed of gift; this can happen for a number of reasons, such as:

1. The donor’s desire to execute a contract for another person;
2. The donor has no intention not to fulfill the terms of the transaction.

There are two ways to issue a refusal. The first is an extrajudicial one, which allows you to formalize the refusal in the same way as a self-transaction was prohibited in a natural form through registration with a notary. However, this method is acceptable for entering information into the State Register.

If such information is missing, then such transactions can only be formalized through the court. To do this, a person must submit an appropriate application with attached case materials that allow you to confirm your arguments.

Grounds for cancellation of deed of gift

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There are other grounds on which a gift agreement may be annulled. A deed of gift is understood as a gratuitous transfer of something for use; accordingly, if the agreement contains signs of a compensated transaction, such an agreement will be invalid.

In judicial practice, there are cases when a gift is recognized as a sham transaction. Most often, a purchase and sale is disguised as a deed of gift. Citizens enter into a transaction for various reasons, for example, to avoid taxation or division of property. Let's say a married citizen decides to purchase real estate. To avoid the possible division of common property with the spouse, the acquisition of real estate was formalized as a deed of gift, and the donor was paid the full cost of such a “gift.” Cancellation of a gift agreement in such situations is possible in court.

If the donee killed the donor or caused harm to his health

Based on paragraph 1 of Art. 578 of the Civil Code of the Russian Federation, the donor has the right to cancel his decision on the gratuitous transfer of value if the recipient has committed any actions in relation to him or close members of his family that pose a threat to health or life. A significant condition for cancellation is the conscious criminal intent of such actions.

Important! It is impossible to cancel a deed of gift on the specified basis if the harm was caused to the donor through negligence or unknowingly, for example, if the act was committed by an incapacitated person.

If the donor survives the donee

Cancellation of a deed of gift is allowed in the event of the death of the recipient of the gift, provided that such a clause was originally stated in the document confirming the intention to transfer the item free of charge. In the absence of such a clause in the contract, there are no grounds for termination due to the death of the recipient. The heirs of the donee can become the owners of the gifted value.

If the donor goes bankrupt

Cancellation of a gift transaction is also possible if an agreement on the gratuitous transfer of valuables was concluded six months before the individual entrepreneur or legal entity declared its insolvency. We are talking about individual entrepreneurs and organizations acting as the donor. A deed of gift concluded in this way will be subject to cancellation if interested parties go to court. Such persons may be creditors of the organization that has declared its insolvency. After the cancellation of the gift agreement, the property assets will be added to the bankruptcy estate of an individual entrepreneur or organization at the stage of liquidation.

In 2020, individuals also had the opportunity to file for bankruptcy in order to get rid of exorbitant debt obligations.

Important! An agreement on donation of property concluded during the year preceding the start of bankruptcy proceedings for an individual will be declared invalid.

If the recipient treats the gift poorly

The law gives the donor the right to protest the transaction in court in the case where, after the transfer of the gift, there is a threat of its loss due to mistreatment and the transferred item has a significant intangible value for the original owner. This condition is enshrined in paragraph 2 of Art. 578 of the Civil Code of the Russian Federation, however, according to law enforcement practice, this provision is used to cancel a deed of gift quite rarely. This is due to the fact that it is difficult to prove the intangible value of the transferred item. For example, a citizen transferred ownership of an apartment to his relative free of charge. A relative who received real estate as a gift started renovations and redevelopment. The donor, having learned about the work being carried out, wished to terminate the donation transaction. Most likely, it will not be possible to cancel the deal in court, since the law does not prohibit carrying out repair work in your own home.

Grounds for cancellation

The reasons for annulment of a gift agreement according to civil law may be:

1. To obtain ownership rights to a gift, the donee must, within the prescribed period, contact the territorial bodies of Rosreestr with an agreement to make changes to the information about the object in the state register (USRE) and obtain an extract from this register. If the contract is not registered within the prescribed period, the transaction may be considered invalid.
2. If the person who donated the property has established the fact of causing significant damage to the property, as well as careless and negligent attitude towards it, which may lead to its complete destruction and render it unusable, then the donor has the right to file a claim in court with evidentiary materials and demand the cancellation of the gift agreement.
3. In the case of the use of physical force by the donee in relation to the donor and members of his family, causing bodily harm.
4. If the donor signed the donation agreement under pressure (physical force was used against him, he was threatened, he was fraudulently misled).
5. The deed of gift was drawn up with gross legal errors or typos, and also does not comply with the principles and requirements for its execution (typos are possible in passport data, full names of the parties to the transaction, information about the object, etc.).
6. If the contract contained a clause stating that in the event of the premature death of the recipient, the ownership rights to the gift are returned back to the donor, then the reason for annulment of the transaction is the death of the person who accepted the gift.
7. If the person interested in the cancellation of the gift agreement submits to the court and proves that the donor (or the donee) at the time of signing the agreement was in an incapacitated state (insane), then the court may also declare this transaction invalid and cancel it.
8. If, as a result of the gift, the donor was left without a means of subsistence, without housing, and/or his financial condition and health deteriorated significantly, then he or his close relatives have the right to demand that the transaction be declared invalid. And in this case, it is not at all necessary for one of the parties to file a lawsuit to annul the agreement.

Is it possible to cancel a gift deed after the death of the donor?

There are often situations when it is necessary to cancel an already completed gift transaction after the death of the donor. Such precedents most often arise when heirs learn that the intended inheritance was gifted to third parties. The difficulty with these lawsuits is that it is impossible to know whether the transaction was truly the will of the deceased. However, under certain circumstances, it is still possible to revoke a deed of gift.

For example, if the donor had limited legal capacity, suffered from a mental disorder during his lifetime and did not realize the consequences of his actions. If there is evidence, interested parties have the right to apply to the court with a claim to annul the contract. Please note that this is no longer a cancellation of the donation, but a contestation of the gift agreement.

Important! Do not confuse the cancellation of a gift and challenging a gift agreement - these are different things. The grounds for canceling a donation are provided for in Art. 578 of the Civil Code of the Russian Federation, we listed them above. Challenging the contract is possible on other grounds provided for by the Civil Code of the Russian Federation. For example, in the case when a donation is an imaginary or feigned transaction, when it is concluded with a person who does not have legal capacity, etc.

Terms for revoking and challenging deeds of gift

The three-year limitation period is counted from the moment the deed of gift for the house comes into legal force. It can be extended if the plaintiff did not know and could not know about the transaction (for example, if he was seriously ill). To be able to extend the period, no more than 10 years must pass.

After ten years from the date of the transaction, it is almost impossible to challenge the deed of gift. The only exception will be the will of the donor himself for a justified reason.

If difficulties arise, contact a lawyer for advice. You can get free legal assistance on our website. in a special field and receive a qualified answer.

Now you know whether it is possible to revoke a deed of gift for a house. The process of challenging a gift agreement is very complex and time-consuming. We recommend that you consult with a lawyer before starting legal proceedings.

This can be confirmed by obtaining a certificate from a medical institution, witness testimony, or an application submitted to law enforcement agencies.

• The donor is in an insane state (drug or alcohol intoxication). In court, it can be stated that at the time of signing the documents, the grantor was not responsible for his actions. He doesn't remember anything. This fact, of course, must be confirmed by providing certificates and witness statements. It will be extremely difficult to prove this.
• Bankruptcy of the presenter, if he is a legal entity, during the period of execution of documents.
• Death of the donee. If there is this clause in the contract, it will be very easy to cancel it if such a situation occurs.

• conditions for reimbursement of expenses incurred by the parties in connection with the procedure for registering a deed of gift and an agreement on its cancellation;
• signatures of the parties to the agreement;
• number in the register;
• signature and seal of a notary (lawyer).

His heirs can challenge and cancel a deed of gift after the death of the person who made the gift:

• children (natural and adopted);
• parents (natural and adopted);
• spouse);
• sisters and brothers;
• grandfather and grandmother;
• dependents and other persons whose property interests were infringed as a result of this transaction.

A sufficient reason to annul a donation transaction after the death of the donor may be any of the grounds provided for by law, as well as the infliction of bodily injury to the donor, resulting in the death of the latter.

When a deed of gift cannot be contested

Current legislation provides for certain periods during which a person can go to court to protect his rights and legitimate interests. This time interval is called the statute of limitations. In some cases, it is possible to restore the missed statute of limitations, provided that there are compelling valid reasons due to which the citizen was not able to go to court in a timely manner.

As for gift agreements, the legislation establishes the following periods during which cancellation of the transaction is permissible:

1. In order to recognize the invalidity of a contract (void transaction), you can go to court within three years. If the plaintiff is one of the parties to the transaction, then the 3-year period is calculated from the moment the deed of gift is executed. In other cases, when the rights of third parties are infringed, the 3-year period begins from the moment when these persons became aware of the fact of execution of the transaction.
2. To challenge a deed of gift for reasons other than a void transaction, the limitation period is one year.

After the deadlines provided by law have expired, you can go to court. But if the defendant claims that the statute of limitations has expired, this will be an independent basis for refusing to satisfy the claim.

Cancellation of a deed of gift at the initiative of the donee

Not only the one who gives, but also the one who accepts the deed of gift has the right to cancel it. The reasons for this can be a variety of circumstances. A person may simply not want to accept such a gift and cancellation will occur in the usual way, but if the deed of gift has already passed state registration.

In this case, you will need to process the cancellation in the same way. An important factor is that the donee, in case of refusal, must return everything that he received as a result of such a transaction.

Thus, if you are faced with the need to conclude a gift agreement, then it is best to try to study all the nuances, prepare the necessary documents and, in case of a dispute, call a lawyer for help!

What is cancellation of a deed of gift and how it can be done - watch this video:

Who can demand the cancellation of a gift agreement?

Persons whose interests were violated in connection with the donation may apply to the court to cancel the transaction. Such persons may be:

• the donor himself;
• his heirs.

Situations often arise when an agreement on the gratuitous transfer of property violates the interests of third parties. For example, through the alienation of property on the basis of a deed of gift, the size of the bankruptcy estate of an organization that has declared itself bankrupt is reduced. Thus, the interests of creditors of a legal entity undergoing liquidation may be affected.

In some cases, the recipient of the gift may also need to cancel the gift agreement. It should be taken into account that the donee is deprived of the right to demand cancellation of the transaction in cases where he accepted the gift with subsequent proper registration of the transfer of ownership.

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Donor

Often it is the donor who initiates the termination of the transaction. The reasons may vary. A person can simply change an earlier decision and therefore try to terminate the concluded contract.

For example, after the gift was given away, the original owner of the property simply regretted his action. A more compelling argument for going to court are situations where the donor was forced to formalize a deed of gift under threat of reprisal or physical violence. Another reason for appealing to the judicial authorities may arise for the donor, provided that the transaction was concluded at a time when the person was not aware of the consequences of his action.

Heirs of the donor

In accordance with Art. 578 of the Civil Code of the Russian Federation, the heirs of the donor have the right to apply to the court with a demand to cancel the deed of gift in the event that the deprivation of life of the donor occurred through the fault of the recipient of the gift. In judicial practice, it is quite common for heirs to go to court after the death of the donor in order to return property and include it in the estate.

Freedom of disposal of one's own property is provided for by law. Thus, if the will of the deceased for the gratuitous alienation of property was voluntary, the heirs will not be able to cancel or challenge such a transaction, except in cases where it is possible to prove that at the time of the conclusion of the deed of gift the donor could not account for the consequences of his actions. When going to court, heirs are required to provide relevant evidence.

Termination of an apartment donation agreement

When concluding a donated apartment, the parties (donor and donee) need to know under what conditions this transaction can be terminated:

• significant violations in the contract : there is no data on the subject of the donation, there is a condition that the apartment will be transferred only after the death of the donor, there is a reciprocal obligation of the donee;
• there have been significant changes in the life of the donor (his property, marital status or health has changed in such a way that the execution of the transaction will worsen it even more;
• the donee made an attempt on the life and health of the donor or his relatives;
• the recipient “badly” treats the apartment, which may lead to the loss of its original appearance, which is so important to the donor;
• at the own request of the gift recipient (it is necessary to formalize the refusal of the apartment in writing and notarize it).

Thus, it is possible to terminate the gift of an apartment if the recipient of the gift decided to redevelop it, that is, wants to make significant changes to its appearance. In this case, the donor must prove in court that:

• the apartment has non-property value for him (the apartment of his parents, in which he spent his childhood and youth);
• the recipient of the gift is aware of those intangible values ​​that are associated with the donated apartment and are so important for the donor;
• the actions or inactions of the donee actually create a threat of loss (for example, they threaten the apartment with a fire).

Consequences of cancellation of deed of gift

In case of cancellation of the transaction, the gift is returned to the donor in kind. When this is not possible, the return is made in monetary terms, for example, if the donee has lost a thing, an item received as a gift. After the court decision to cancel the deed of gift comes into force, the value of the lost valuables will be recovered from the donee by the Federal Bailiff Service.

It is especially important to remember the consequences of canceling an agreement on the gift of real estate. All real estate transactions are subject to mandatory registration. If such registration took place and ownership was assigned to the recipient of the gift, after cancellation of the transaction, subsequent re-registration of title documents and registration in the Unified State Register will be required.

When can you revoke a deed of gift for a house?

At its core, a revocation is the cancellation of a transaction at the will of the donor. He has the right to revoke the deed of donation for the house on the following grounds:

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• significant changes in the health, financial or marital status of the donor, as a result of which the quality of life of the donor has significantly deteriorated;
• there were attempts on the part of the donee to harm the donor or members of his family;
• attempts have been recorded on the part of the donee to commit murder of the donor or members of his family;
• death of the donee (if this basis was specified in the contract);
• the donee caused significant damage to the donated property.

The revocation of the gift agreement occurs by canceling the transaction. This can be done in court and by mutual agreement of the parties.

Special cases of returning a gift after revoking the deed of gift

The greatest difficulty is the actual return of gifts after the deed of gift has been terminated and the court decision has entered into legal force. The transfer of rights to things of high material value, such as real estate, transport, is subject to mandatory state registration. After the donation is canceled, the participants in the transaction will have to go through registration measures, securing the return of ownership.

Real estate

If there is a court decision that has entered into force on the return of a gift in the form of real estate, the donor is obliged to contact Rosreestr to register the reverse transfer of rights to an apartment, house or other real estate. Particular difficulties may arise if, after the donation, the property was sold to third parties or the recipient made significant changes to the configuration of the property.

For example, the recipient of a gift in the form of a land plot built a house on the plot, significantly changing the material value of the real estate. The return of the gift upon cancellation of the deed of gift must be carried out in the same form and in the form that took place at the time of execution of the donation transaction, provided that the thing has been preserved in such a form, which in practice is not always possible.

Automobile

Taking into account clause 5 of Art. 578 of the Civil Code of the Russian Federation on the need to return the donated item in kind in case of cancellation of the donation, a separate difficulty is presented by the return of vehicles, for example a car. Especially if a lot of time has passed from the moment of receiving such a gift to the cancellation of the deed of gift.

This is due to the fact that the value of the vehicle to be returned may decrease significantly due to a number of reasons. Let's say a citizen gave a relative a completely new vehicle, but then suddenly died. The dissenting heirs went to court with the intention of challenging the deed of gift. The litigation dragged on, while the recipient of the gift actively used the car he received. The court satisfied the heirs' demands, but it is obvious that the car can no longer be of the same value as at the time of transfer. In such cases, the item is returned in the monetary equivalent of its value.

Cash

When it is impossible to return a gift in kind, as a rule, the value of the item is given in money. After the court decision to collect the required amount comes into force, enforcement proceedings are initiated. During the period established by the bailiffs, usually 5 days, the recipient has the opportunity to return the cost of the gift voluntarily, after which the bailiffs will begin to forcibly collect funds from the debtor.

Forced collection of funds for a lost gift can be carried out:

• by withholding part of a citizen’s income;
• through arrest for the purpose of subsequent sale of the debtor’s property;
• by arresting, writing off the debtor's cash accounts in credit and banking organizations.

It happens that after the deed of gift was cancelled, the donor was unable to return either the thing itself or its value, even following the results of enforcement proceedings. For example, if the gift itself cannot be returned in kind, and the recipient, who has become a debtor, has no funds. You can attempt to return the money within 3 years from the date of closure of the enforcement proceedings by submitting the enforcement documents to the FSSP authorities again.

Procedure for revoking deed of gift

If a person decided to donate a house and then wanted to revoke the deed of gift, he should know the procedure for revoking it. This thing is possible

decide both before trial and in court.

In the first case, both parties agree to cancel the transaction. If the recipient of the gift responds positively, an agreement is drawn up by a notary indicating the reasons for cancellation, which is signed by all parties, and the notary puts a registration number. The effect of this document is that the property remains the property of the donor.

But people are not always able to come to an agreement, and not everyone wants to part with the property they receive, especially a house. Therefore, you also need to know how to correctly revoke a deed of gift through the court.

In this case, there is one important point: the plaintiff should go to court with weighty arguments and with the support of a qualified lawyer, this will significantly increase your chances of success.

The applicant must prepare a claim demanding the cancellation of the agreement for the gratuitous transfer of property and pay a fee.

The trial will last a long time, but if he wins, the plaintiff will return the donated house, and will also be able to reimburse all expenses incurred in the case and has the right to recover moral damages.