Who has the right to file a claim to declare a transaction invalid?
Any individual or legal entity has the right to submit an application to the court to declare the DD invalid if the above grounds exist or the interests of the plaintiff are violated. The case is being considered as a claim proceeding.
Legal advice: simultaneously with the recognition of the DD as invalid, make a demand for the application of the consequences of the invalidity of the transaction. By decision of the court, the deed of gift and information about the owner (done) are canceled, and the donated property is returned to the donor, and upon the appeal of the heirs, it is included in the inheritance mass if the application is satisfied.
Elena Plokhuta
Lawyer, website author (Civil law, 7 years of experience)
Donor
The donor has the right to go to court to challenge the deed of gift on any of the grounds.
You must provide the maximum list of evidence:
- medical certificates;
- police documents;
- expert opinions on damage to property of non-property interest;
- audio and video recordings.
It is recommended that witnesses be brought to testify. The request to summon them can be reflected immediately in the statement of claim.
Heirs of donors
The donor's heirs have the right to submit an application to cancel the DD and include previously donated property in the inheritance estate if he died due to the fault of the donee, and this fault is proven.
You will need a court verdict that has entered into force and other evidence confirming intentional guilty actions.
Third party
Third parties mean creditors of the donor participating in the bankruptcy procedure as a debtor.
Legal representatives and guardians of the citizen who donated the property, being partially or completely incapacitated, can also apply for a challenge.
Cancel, terminate or invalidate?
From a legal point of view, these are different situations:
- Recognizing an agreement as invalid means that such an agreement is not recognized as concluded legally. For example, a gift agreement signed by an incapacitated person will be invalid.
- Cancellation of a donation is carried out in cases provided for by law. In accordance with Art. 578 of the Civil Code of the Russian Federation, the donor has the right to cancel the donation in cases where the donee attacked him, attempted to take his life, caused bodily harm, or improperly handles the donated item. If the donation is cancelled, the contract will be terminated.
Recognition of a gift as invalid is possible only in court. The decision on this is made by the court on the basis of the evidence presented by the parties in favor of the validity or invalidity of the donation.
When a donation is invalid
A gift agreement can be declared invalid:
- If a citizen was declared incompetent by the court, but still completed the transaction;
- When the contract was concluded by a competent citizen who could not realize what he was doing.
Expert opinion
Lawyer Alexander Vasiliev comments
If a citizen was declared incompetent or partially capable after the donation took place, it can still be declared invalid. A claim for this may be filed by a person appointed as a guardian or trustee of the donor.
Differences from a claim for cancellation of a gift agreement
There are two ways to cancel a gift agreement - the actual claim for cancellation of the gift agreement and the claim for invalidation of the gift agreement. Therefore, when you start drawing up a statement of claim, you should decide what type of claim you need.
Thus, a claim for cancellation of a contract is filed in the following cases:
- the recipient of the gift made an attempt on the life of the donor or the life of one of the donor’s family members;
- the recipient of the gift caused beatings or other bodily harm to the donor;
- the recipient of the gift improperly handles the donated property, thereby creating a threat of destruction of this property;
- the donor is an individual entrepreneur or a legal entity who made an act of donating means of production 6 months before the initiation of bankruptcy proceedings;
- a donation is a donation, the recipient of which does not use the donated property for its intended purpose.
A statement of claim to invalidate a gift agreement is filed in the following cases:
- the contract was concluded in violation of the law;
- the contract was concluded with the participation of incapacitated persons;
- the contract was concluded with the participation of minors without the consent of parents or guardians;
- the contract was concluded for the purpose of concealing another contract (unfair contract);
- the agreement does not comply with the established form.
How to submit
A statement of claim to invalidate a gift agreement concluded by a citizen is filed with a court of general jurisdiction at the location of the defendant - the second party to such a gift agreement.
The application must be made in writing. A copy of it must be sent to the defendant for review.
A claim to invalidate a gift agreement is subject to state duty on the basis of Article 333.19 of the Tax Code of the Russian Federation. Since if the claim is satisfied, the property will be returned, the state duty is calculated in the amounts established for property claims - that is, as a percentage of the price of real estate, a car or other property transferred under a gift agreement (more about this here).
Expert opinion
Lawyer Alexander Vasiliev comments
Documents confirming the plaintiff’s claims are attached to the statement of claim for invalidation of the gift agreement. These may be medical documents indicating that the donor has mental disorders, but their presence is not mandatory. If a claim to invalidate a gift agreement is filed due to the donor having a mental illness, a forensic psychiatric examination will be conducted during the consideration of the case in court.
After a court decision is made, it can be appealed to higher courts. After a judicial act enters into legal force, it becomes mandatory for execution by all government bodies, organizations and citizens.
Sample claim for invalidation of a gift
In ______ district court
Plaintiff: Full name, address, telephone number, acting in the interests of the incompetent A.Yu.
Defendant: full name, address, telephone number, SNILS, date and place of birth.
Statement of claim
On invalidation of an apartment donation agreement
The plaintiff is the brother and guardian of the incompetent A.Yu. A.Yu. owned an apartment at the address _____, cadastral number ______. A.Yu. is a disabled person of group 2 with a mental illness of schizophrenic symptoms, which is confirmed by medical documents (attached).
_____20___ The plaintiff became aware that A.Yu. entered into a donation agreement for the said apartment in favor of the defendant. Information about the change of owner of the apartment was contained in the receipt for payment of property tax in respect of the apartment, which came to the address of the apartment. Having contacted the Rosreestr Office for _____, the plaintiff received information that A.Yu. entered into an apartment donation agreement with the defendant dated _____, on the basis of which the defendant’s ownership of the apartment was registered.
A.Yu. does not remember the concluded gift agreement. Currently A.Yu. believes that the apartment belongs to her, does not remember the concluded donation agreement and believes that she did not sign any documents to donate the apartment.
The plaintiff believes that A.Yu.’s mental disorder. influenced her ability to understand the essence of the gift agreement concluded by her and deprived her of the ability to understand the meaning of her actions and manage them at the time of concluding the gift agreement.
In accordance with Art. 171 of the Civil Code of the Russian Federation, a transaction made by a citizen who, at the time of its completion, was in a state where he was not able to understand the meaning of his actions or manage them, may be declared invalid by the court.
Based on the above and in accordance with Art. 168, 171, 177 Civil Code of the Russian Federation, Art.
- Recognize the agreement of donation of an apartment dated ____20__ between A.Yu. and the defendant is invalid.
- Apply the consequences of the invalidity of the transaction and restore the ownership of A.Yu. for an apartment at the address: ______, cadastral number ______.
Date, signature.
Prospect of a lawsuit
We do not want to give the reader illusory hopes and will say right away that recognizing a gift agreement as invalid is a lengthy process, because proving the circumstances that, according to the plaintiff, are grounds for the agreement to be declared void by the court is a very difficult task. Solving this problem on your own, without the help of a qualified lawyer, is almost impossible.
There is no point in explaining, for example, the difference between void and voidable transactions within the framework of this article. This has no significance for the claim, since it rather relates to the theoretical area of law. Just know that in order to invalidate a gift agreement, you must go to court.
For our part, we can give some advice in case contacting a lawyer for one reason or another is impossible:
- the plaintiff and defendant are equal participants in the process, and therefore rest assured that the defendant will make every effort to ensure that the contract is not declared invalid;
- if the gift agreement was certified by a notary, it is almost impossible to win the claim, since in this case the notary will act on the side of the defendant;
- it becomes extremely difficult to prove if the donor has already died. Before going to court, carefully collect all the necessary documents. If the donor was elderly or ill, be sure to collect all possible documents about his illness and mental condition, talk to possible witnesses who could confirm that the donor did not realize what he was doing. During the trial, you may need to file a motion to order a post-mortem psychiatric examination;
- if you believe that the gift agreement was signed under threats, find witnesses who could confirm this at least indirectly;
- If you doubt that the gift agreement contains the donor’s signature, then collect samples of his signatures in advance. Try to collect as many of them as possible, and they should all be from serious sources. These may be the donor’s signatures on pension receipts, applications to the housing office, etc. If you have these samples, you will be able to apply for a handwriting examination.
