Court decision on invalidating the apartment donation agreement and applying the consequences of its invalidity No. 02-0293/2016

A gift agreement, unlike a will, is the final and irrevocable decision of the donor, since no changes, amendments, or cancellations can be made to it. Therefore, the donor, before deciding to take such a step, needs to think carefully about everything and foresee the possible risks arising from such a gift. Since the registration of a deed of gift for real and movable property to some extent or fully infringes on the rights of other heirs, the question arises - is it possible to recognize the gift agreement as invalid?

And the donors themselves sometimes come to their senses and regret what they have done, so this question never loses its relevance. The legislation of the Russian Federation provides for exceptional cases when a gift agreement can be terminated or declared invalid. It is only possible to achieve cancellation of the deed of gift only through the court and if there are compelling reasons.

How to invalidate a gift agreement

Both the donor himself and all persons whose legal interests were infringed by this agreement can challenge the gift agreement in court, therefore any of them can file a claim in court. The procedure for declaring a deed of gift invalid takes place in accordance with the following principles:

• Cancellation of a completed transaction and recognition of it as invalid can only be carried out in court;
• The legislation of the Russian Federation establishes a limitation period for a gift agreement, after which no one has the right to challenge it, therefore, in order to increase your chances of a positive court decision, you need to hurry;
• in some cases, namely if the applicants have valid reasons, supported by facts or documents, the court may extend the statute of limitations in the case;
• To cancel the “gift” the plaintiffs must have strong arguments and grounds.

Can it be declared invalid?

In some cases, it may be necessary to recognize the invalidity of the gift agreement. There are various reasons for this, but it is not always possible to obtain court approval for a claim. A registered official document will remain valid even after the death of the donor. Naturally, if the recipient was not involved in this.

Grounds for invalidating a deed of gift

Making such a valuable gift as real estate or a vehicle should be a deliberate and not an impulsive decision, since returning the object of the gift is almost impossible, but still possible. To go to court to challenge a deed of gift, you need compelling reasons. Depending on who the plaintiff is - the donor or the person whose interests were infringed, the reasons may vary.

Important! When recognizing a deed of gift as invalid, the court is guided exclusively by the legislative acts of the Russian Federation.

If the donor disputes

The grounds for declaring a gift agreement at the initiative of the donor invalid according to Russian legislation are:

• significant deterioration in the financial situation and/or health of the donor resulting from the transaction;
• the successor has treated his donor poorly, which can be confirmed by written testimony of witnesses;
• the donee attempted or actually used physical force against the former owner of the property, as evidenced by a certificate from the traumatology department with recorded beatings (abrasions, hematomas, fractures, etc. recorded by a medical professional);
• the donation agreement contained a clause according to which, in the event of the premature death of the successor, the donated property returns to its former owner, and if this was not provided for in the agreement, then the right to the gift is acquired by the legal heirs of the deceased;
• the former owner can prove with documentation (using photos, videos, testimony) that the donated property was mistreated, as a result of which its condition has noticeably deteriorated and can lead (or has already led) to destruction.

If disputed by persons whose interests were affected

The legal heirs of the donor, whose rights to inheritance were infringed in connection with the execution of the gift agreement, have the right to apply to the court to declare the document invalid if:

• at the time of drawing up the deed of gift, false documents were used;
• there were gross errors in the deed of gift (in passport data, tax identification number, information about the object, etc.);
• there is no state registration of the transfer of ownership from one person to another (often this point is ignored and postponed indefinitely);
• there is documentary evidence that at the time of registration of the deed of gift the donor was in an incapacitated state (was being treated in a psychoneurological or drug treatment clinic, was registered with a psychiatrist or narcologist);
• the gift agreement was drawn up in a legally illiterate manner (has clauses that contradict current legislation, etc.);
• the legal successor at the time of receiving the property as a gift was incompetent, that is, he could not soberly evaluate his actions and be responsible for them.

What is a deed of gift?

A deed of gift is a transaction between two people in which one person transfers ownership of an apartment to another for free. In this case, the recipient must not give anything in return, otherwise it will not be considered a donation procedure. As a rule, this happens between close relatives, but it can also be done between non-relatives. However, only family members are entitled to receive the property tax-free.

The recipient will be able to formalize his rights to the property as soon as the deed of gift is registered with a government agency. This can be done within 18 working days after the procedure.

A deed of gift is usually quite cheap. If you do everything yourself, you will only need to pay the state fee. However, some people turn to a notary to make sure that everything goes as it should. His services are not cheap, but you can be sure that the document is drawn up correctly.

One of the advantages of a deed of gift is that a specific person receives the property. Even if he is married, the property will not be divided between the spouses. It is not considered joint property. Therefore, the donor does not have to worry about the fact that someone else will be able to receive part of the apartment.

Any adult and capable person who owns property can draw up this agreement. Moreover, you will need to document that he has rights to the apartment. Well, the receiving party can be either a relative or any other person. However, someone who is not a family member will need to pay tax to receive the property.

Statement of claim to invalidate the gift agreement

In order to recognize the invalidity of a gift agreement through legal proceedings, first of all, it is necessary to correctly draw up and execute a statement of claim. With a competent approach, from a legal point of view, to filing a claim in court, the chances of a positive court decision will increase significantly.

The statement of claim must contain the following information:

1. Full name of the plaintiff and defendant.
2. Passport details (if possible of both parties).
3. Information about the donation agreement (number in the register, date of registration, etc.).
4. Data of title documents for housing alienated as a result of donation (certificate of inheritance, purchase and sale agreement, deed of gift, etc.).
5. Degree of relationship with the donee (defendant).
6. Details of the donation transaction.
7. Grounds for cancellation of the contract.
8. A list of attached documents and other information that may, one way or another, affect the outcome of the case.

The following must be attached to the claim:

• a check confirming payment of the state duty;
• copies of documents confirming the existence of valid grounds for termination of the gift agreement;
• copies of passport;
• copies of title documents;
• a copy of an extract from Rosreestr;
• copies of the deed of gift (if available to the plaintiff) and other documents.

Limitation period for an apartment donation agreement

Despite the fact that it is very difficult to challenge a gift agreement and cancel it, it is quite possible to do this if you do not delay going to court, since, as in any other case, there are also statutes of limitations established by law. You can file a claim with the court to declare the transaction void within 12 months in accordance with paragraph 2 of Article 181 and Article 197 of the Civil Code of the Russian Federation. If we are talking about the need to recognize a contract that is voidable, invalid, then the limitation period in this case is 3 years, as discussed in paragraph 1 of Article 181 and Article 196 of the Civil Code of the Russian Federation.

There are cases when the plaintiff is not the donor himself, but third parties whose interests were infringed as a result of the donation of property (relatives, guardianship authorities and other government services). In this case, according to paragraph 1 of Article 181 of the Civil Code of the Russian Federation, the period within which one can go to court to declare the deed of gift invalid is 10 years, since these plaintiffs were not parties to the transaction and did not have the opportunity to be informed about it in a timely manner. Moreover, third parties can file a lawsuit to declare the agreement null and void only after the death of the donor.

Sample statement of claim for invalidation of a gift agreement

A correctly drafted statement of claim significantly increases the chances of success, so it is better to engage an experienced lawyer who specializes in such cases to draft and file it. But you can also draw up a legally competent statement on your own if you study the legislative framework in as much detail as possible and use a sample statement of claim, which can be supplemented, amended, etc. The main thing when drawing up a claim is to be extremely careful and not to miss a single important detail, even if at first glance it seems insignificant.

How long can I appeal?

It is necessary to file a claim to invalidate the gift agreement within a certain time, otherwise there is a risk that it will be too late.
It is also worth considering that the more days have passed since the conclusion of the transaction, the more difficult it will be to challenge it. According to the law, a statement of claim can be filed in court within 3 years from the date of the donation. Can I try to cancel the contract later? In most cases, no. It is even worth noting that only a year is given for its termination. But exactly three years are allocated for invalidation.

The statement of claim must be filed with the court in the district in which the property is located. It is recommended that you familiarize yourself with the sample filling in order to do everything correctly. In order for the statement to be true, it will be necessary to include in it the circumstances that relate to the case. The situation that turned out to be problematic should be explained in detail.

The procedure for invalidating a gift agreement

The invalidity of a gift agreement is established exclusively in court. The right of recourse belongs to the participants in the transaction, interested parties and third parties.

There is a generally accepted algorithm of actions:

1. Collection of necessary documentation (evidence base).
2. Payment of judicial mandatory tax in the form of state duty.
3. Filing a statement of claim demanding recognition of invalidity.
4. Consideration in essence, announcement of the decision.

The period for exercising legal rights is 3 years.

List of documents

Applications needed include:

• passport data of the parties to the process;
• deed of gift;
• a document evidencing registered ownership;
• statement of claim, the number of copies must correspond to the number of participants in the trial;
• other evidence (medical certificates, witness statements).

Government duty

The amount of the mandatory fee is regulated by tax law.

Arbitrage practice

Judicial practice shows the greatest popularity of challenging real estate donation agreements. Everything is quite clear, because the gift is characterized by great value. But there are cases when the situation of the donor undergoes changes and life circumstances force everything to return to normal.

It is necessary to distinguish between two ways of terminating agreements between the parties:

• invalidation;
• cancel.

Challenging is carried out with the help of a judicial authority, because the return of re-registered property is rarely found on a voluntary basis. To achieve satisfaction of the requirements, it is necessary to try hard, providing protection with powerful evidence and arguments, supported by excerpts from legal acts. In some cases, it is impossible to do without conducting examinations.

The applicant can be the parties to the gift agreement, third parties interested in the absence of a transaction (heirs).

Example of deed of gift being invalidated

The owner of the residential premises draws up a donation agreement. Members of his family live in the apartment, whose consent was not taken into account.

One of the relatives living in the donated property files a claim in court to declare the transaction invalid. The applicant explained that he did not know the essence of the donor’s intentions, presented evidence in the form of expenses for the needs of the apartment, payment of utility bills. The plaintiff's claims were considered and satisfied in full.

The court explained the procedure for the alienation of property rights in the presence of tenants in a residential building, pointing out the obligation to waive pre-emption rights and inheritance rights.