Cancellation of a gift agreement in court at the initiative of the donor: how to prepare and submit a statement of claim to cancel the gift deed, as well as possible consequences and appealing the court decision

Under what conditions is it possible to cancel a deed of gift for an apartment?

How to cancel a deed of gift for an apartment? Thousands of citizens in our country face this issue. People often turn to practicing lawyers with the question of whether it is possible to cancel a gift agreement.

The legislation of the Russian Federation provides for a clear procedure for actions, during which the initiators manage to cancel the deed of gift for an apartment. There are a number of legally acceptable ways when the answer to the question “is it possible to cancel a gift agreement” is “yes”. So, cancellation of a gift agreement is possible in the following cases:

Based on the reached agreement of the donor and the current copyright holder.
By applying to the court by the original owner of the property or legal heirs, as well as a representative of the guardianship or investigative authorities.
In the event of the premature death of the recipient of the donee, who died earlier than the donor, which is prescribed in a separate clause of the contract.
If the owner of the property is a legal entity and, through donation, they try to hide personal property from regulatory government agencies in order to avoid confiscation.
You can automatically terminate a real estate gift agreement between close relatives when the subject of the civil law agreement is not included in the state. register in the name of the new owner.
If at the time of signing the agreement the donor was under the influence of alcohol or drugs or was incapacitated. But the actions of the donor can only be challenged if there is a medical examination.

Cancellation of a donation occurs in the following cases:

If the donee made an attempt on the life of the donor or caused him serious bodily harm. The court's verdict in criminal proceedings will be the basis for issuing a decision to cancel the gift agreement.
When the gift agreement contains clauses related to the implementation of specific obligations/actions on the part of the recipient of the rights to the property, but such clauses were not fulfilled, this is also a way to cancel the deed of gift for the apartment.
If the signing of the agreement in question involves another transaction, for example, a sale, and the donor will therefore lose his only place of residence, then the court will also cancel the real estate gift agreement between relatives.
In the absence of proper maintenance of cleanliness and respect for the integrity of the apartment received free of charge, as well as in the deliberate infliction of damage to the housing, which led to a decrease in its marketable value.
If the object of donation is pledged or under arrest, the cancellation of the agreement on the gratuitous transfer of the apartment when such a fact is revealed is carried out automatically. In this case, a court order is issued, on the basis of which information about the gifted owner is excluded from the state register in the Federal Service Administration.
In addition, the gift agreement is invalidated if it is proven in court proceedings that the property was taken by:

According to a fraudulent scheme;
Through physical violence;
By intimidation.

Grounds for cancellation of a gift agreement

As can be seen from the above, the cancellation of a donation can take place in the presence of special conditions, the list of which is clearly defined by civil law, and, therefore, is exhaustive in nature with the impossibility of taking other facts of seemingly unlawful behavior as a basis.

Undoubtedly, the most compelling reason for terminating a gift agreement is the commission of illegal actions by the donee, which are expressed as an attempt on the life of the donor and (or) his close relatives, as well as causing injury.

The latter would correctly include parents, children, grandparents, sisters and brothers, that is, everyone who falls under the category called “close relatives” by law.

Moreover, if such a reason is discovered, the termination of the donation agreement occurs solely on the initiative of the donor himself, who cancels the donation by his expression of will.

To exercise such a right, going to court is not required.

However, in cases where the donee has committed the murder of the donor, the donation can only be canceled through a judicial procedure.

This action in such a situation will have to be carried out by the heirs of the latter.

To terminate a gift agreement for other reasons, it is simply impossible to avoid going to court, since this right can only be exercised in court.

So, for example, a donor, having gone to court, can raise the issue of canceling the donation if he proves that the recipient handled the gift inappropriately, which created the threat of irretrievable loss of such an item.

Moreover, this thing must have a special non-property value for the initiator of the donation.

Let's say, to be a family heirloom, to carry cultural heritage.

In such cases, the donor is obliged to prove the fact that the donee had information about the significance of the subject of the gift for the plaintiff and had to ensure its safety.

Often, judicial practice shows situations where a gift agreement is canceled due to the fact that a legal entity or individual entrepreneur did not cease to dispose of its property, despite the new situation, which is characterized by the stage of bankruptcy.

We can safely talk about the termination of a gift agreement if the gift was made using funds received from business activities.

The procedure for canceling the contract will take place in the arbitration court, where any participant in the bankruptcy case can apply.

By the way, in some cases, the terms of the gift agreement contain a clause according to which the donation can be canceled if the donor suddenly survives the donee.

In such a situation, the donee, or rather his heirs, must return the gift.

However, to realize this possibility, there is a reservation: the item must be preserved in its original form.

But it also happens that the donated property was transferred to third parties. What to do under these circumstances?

Moreover, this issue is not regulated by law.

One thing is known that the return of a gift from a third party is not allowed unless it is proven that such a transfer was carried out specifically in order to avoid the obligation to return the thing.

It is impossible to note the fact that the gift agreement may not take place at all as such if the transaction was declared invalid.

As a rule, evidence of the invalidity of the act of donation is the conclusion of an agreement in violation of the requirements of the law, the non-compliance of the transaction with the basics of the legal order, an imaginary or feigned agreement, as well as if the agreement was reached with an incompetent person, a minor, or was concluded under the influence of deception, violence, or misleading a person.

Thus, one of the listed grounds will be sufficient to invalidate any contract, including a gift.

In the presence of these circumstances, the gift agreement is considered invalid in its essence, and is also recognized as such by a court decision.

This category of contracts does not have any legal consequences.

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Who can cancel a donation

The current legislation defines the circle of persons who, by virtue of the rights due to them under the law, can cancel the donation, which means filing a corresponding application with the court:

the person who issued the deed of gift (Article 578 of the Civil Code of the Russian Federation);
after the death of the donor, his relatives can file a claim to cancel the deed of gift;
social guardianship authorities representing the interests of a minor whose living conditions were significantly worsened as a result of the registration of a donation;
state control bodies, for example, the Prosecutor's Office of the Russian Federation.

Grounds of claim

In addition to the donor himself, his heirs and legal representatives can ask for the cancellation of the gift. In the interests of the incapacitated donor, the guardianship and trusteeship authorities and the prosecutor's office may also request the cancellation of the gift.

The grounds for filing a claim may be those specified in Art. 578 of the Civil Code of the Russian Federation reasons:

the recipient of the gift made an attempt on the life of the donor or one of his family members or intentionally caused bodily harm to the donor;
the recipient of the gift handles the donated item inappropriately, resulting in the threat of destruction of the item;
the donation was made by an individual entrepreneur or a legal entity 6 months before the announcement of bankruptcy proceedings, and the donated property was funds related to business activities.

In this regard, one very important point should be noted, which lawyers know, but citizens without a legal education do not know.

A statement of claim for the cancellation of a gift agreement is necessary only to cancel the completed transfer of ownership on the grounds listed above. A court decision on such a claim does not invalidate the gift agreement, it only cancels it.

Therefore, if we are talking about a gift agreement that was concluded as a result of the malicious intent of the recipient of the gift, as a result of the deception of the donor, as a result of fraud, then the lawsuit discussed in this article will not help. In these cases, a claim will be required not to cancel the gift agreement, but to declare the gift agreement invalid.

List of documents

Here is a list of documents that must be provided when canceling a donation by the donor himself:

Passport of the citizen filing the claim.
The representative's power of attorney, as well as his passport, if another person acts on behalf of the applicant.
Receipt for payment of state duty.
Documents indicating that the applicant has all legal grounds to cancel the donation.

If relatives of the deceased file a claim, in addition to the above, a death certificate must be provided.

This list is not exhaustive, since the list of papers provided for each case may differ significantly.

Important
It is important to remember that all attached documents should be provided in copies according to the number of persons participating in the case.

How to cancel a gift agreement for an apartment (judicial procedure)

In most cases, the cancellation of a gift agreement by civil law is provided for in court. This means that in order to cancel the transaction it will be necessary to file a claim in court . In some cases, when filing a statement of claim, it will be necessary to attach a number of supporting documents, without which the said statement will not be considered by the court. In addition, the statement of claim itself must contain all the necessary elements, without which its consideration in court is impossible .

First of all, you need to collect all the documents that justify the need to cancel the transaction. Simply put, an evidentiary basis . Having collected it, you can move on to the next stage - drawing up a statement of claim , which, along with all previously collected documents, will be submitted to the court. In case of a positive decision of the court, the direct instructions of the law established by paragraph 5 of Art. 578 of the Civil Code of the Russian Federation: the donated item must be returned to the donor if it was preserved in kind (which is most likely in the case of an apartment) at the time of cancellation of the donation.

The situation becomes significantly more complicated if the donated apartment has already been sold and cannot be transferred to the donor in kind. In this case monetary compensation equal to the cost of the apartment is collected. If the donee refuses to voluntarily transfer the specified amount, it is necessary to contact the Federal Bailiff Service, providing them with a copy of the court decision that has entered into force (writ of execution) for execution of the decision.

Statement of claim for cancellation of the gift agreement (sample)

According to general rules, a statement of claim to the court must contain the following information :

the name of the court in which the claim is filed;
Full name, place of residence, contact details of the parties to the case (plaintiff and defendant);
the motivation (which sets out the essence of the request for cancellation) and the pleading part (a request to cancel the contract and return the subject of the transaction);
list of attachments to the claim;
signature of the person (or his representative, accompanied by a power of attorney or other document confirming the representation of the interests of the plaintiff in the case).

Taking into account the peculiarity of the cancellation of the donation, the statement of claim must contain information about the reasons for filing the claim . Such grounds must be confirmed , including documentary evidence.

Example

Polyakov V.A. filed a claim in court to cancel the gift agreement in which he acts as the donor. In support of his claims, Polyakov referred to paragraph 1 of Art. 578 of the Civil Code of the Russian Federation, indicating in the claim the justification for canceling the transaction by the fact that the donee caused bodily harm to Polyakov. To prove the above arguments, the plaintiff attached a copy of the court decision recognizing Marchenko S.E. (the recipient) is guilty of intentionally inflicting grievous bodily harm on Polyakov. The court canceled the deal, and the donated item was returned to Polyakov.

Judicial practice of canceling an apartment donation agreement

An analysis of judicial practice indicates that claims are often filed in court without specific grounds for canceling a contract.

In cases where there is a basis, there is evidence of the need to cancel the transaction, the court carries out the cancellation (including in cases related to real estate).

Thus, it is necessary to be careful when drawing up a gift agreement, and if it is necessary to cancel the transaction, carefully collect the evidence base and attach the necessary documents.

In general, in this type of cases, judges more often refuse to satisfy requests for refusal, but this is due to the lack of evidence or the absence of grounds for cancellation.

Procedure for initiating cancellation of a donation

If you are planning to file a claim in court regarding the cancellation of a deed of gift, you should carefully analyze the situation that has arisen. Attention is drawn to the limitation period, which is calculated at three years from the date of signing the document.

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This is also important to know:
Donation agreement - example, form, sample

If harm to health occurs, a medical examination by a qualified expert will be required. If the apartment was damaged materially through a fire, flooding or in another way, then you will need to collect testimony from witnesses: neighbors, an act from the management company and the conclusion of an appraisal bureau, which will calculate the amount of material damage caused.

The provided evidence will be further studied by the investigative authorities, therefore all examinations should be carried out in personal presence and you should familiarize yourself with the contents of the document before signing it.
If difficulties arise with independently obtaining extracts from registers, card files, bank accounts and other information databases, then it is permissible to ask the court to require the necessary certificates from certain institutions. Such a request will be granted, and the mentioned enterprises are required to issue certificates to confirm the facts stated in the process.

The collected materials are presented in court as arguments for the claim. An exhaustive list of papers is prescribed in the final section of the “Appendices”. Each document is briefly named, indicating the number and date of issue, as well as how many sheets it consists of. The number of statements of claim with attachments is equal to the number of participants in the process, therefore the same number of duplicate copies are submitted at the same time.

Grounds for cancellation of a donation in court at the initiative of the applicant

Article 578 of the Civil Code of the Russian Federation provides grounds that serve as a reason for canceling a donation in court at the initiative of the applicant. The donor has the right to cancel the donation in the following cases:

if the donee made an attempt on his life or the life of his family members and close relatives, and also intentionally inflicted bodily injuries of varying degrees of severity (paragraph 1 of paragraph 1);
if the donee deliberately took the life of the donor (paragraph 2, paragraph 1);
if the donee handles the donated property inappropriately, which creates the threat of its irretrievable loss, and the object of the donation must constitute significant non-property value for the donor (clause 2);
if the donor outlived the donee (clause 4).

The first paragraph contains an exhaustive list of unworthy behavior of the donee, and attempt means causing physical harm to the health of the donor, members of his family and close relatives, organizing an attack on their life for personal gain, violent actions, etc. It also follows from this provision that all illegal actions by the donee must be committed intentionally , and not through negligence, and the very fact of their commission must be supported by a court decision that has entered into legal force in a criminal case or civil proceedings, which would confirm the guilt of the donee.

For your information

The case when the donee handles the donated item inappropriately gives rise to a number of discussions for the reason that when the donor files a statement of claim in court, a situation is possible where the donee has changed his attitude towards the donated item and promises to treat it with care in the future. The legislation does not contain explanations of how the parties to the process should act in this situation.

An improper attitude of the recipient, for example, towards a donated apartment may be due to its non-legalized redevelopment. The donor will need to prove in court that the apartment is of special non-property value for him, that the recipient knew about it, and that indeed redevelopment can lead to its irretrievable loss. Note that on this basis it is possible to demand the cancellation of a donation only if the subject of the donation is movable or immovable property (vehicles, land, housing, paintings, jewelry, securities, etc.), but not a property right or exemption from property liability.

The donor can exercise his right to revoke the gift if he outlives the donee . In this case, the donation is not automatically canceled . A prerequisite for this must be the inclusion of the specified basis in the gift agreement as one of its clauses. Whether the donor uses his right or implements it depends only on him.

The procedure for canceling a donation is clearly defined by Art. 578 of the Civil Code of the Russian Federation, which, in relation to each of the grounds, indicates the need to consider the cancellation of a donation in court or the absence of such a need. Thus, the judicial procedure for canceling a donation is provided for in cases where the cancellation occurs on the grounds specified in paragraph. 2 paragraph 1 and paragraph 2 and 3 of this article, extrajudicial procedure - in paragraph. 1 clause 1 and clause 4 of this article. Outside of court, the cancellation of a gift occurs at the will of the donor by drawing up a corresponding statement certified by a notary.

In practice, as a rule, the voluntary transfer of property back from the donee to the donor occurs quite rarely. Therefore, the donor, in the presence of any of the considered grounds, has to apply to the court to cancel the donation.

Example

Citizen Elizarova T. received a house and a collection of paintings as a gift from her grandmother, which were of significant value to her. In the contract, she indicated that in the event of the death of the donee, she has the right to cancel it. This was due to the fact that her granddaughter's husband treated both her and his wife poorly. Therefore, she did not want him to inherit a house with a valuable collection of paintings if something happened. It so happened that after some time, citizen Elizarova dies under unknown circumstances. Her husband immediately contacted the notary office at the place where the inheritance was opened and wrote an application to enter into the inheritance as the only heir according to the law of the first priority. Two months after the death of Elizarova T., her grandmother, having come to her senses after what happened to her beloved granddaughter, also applies to the notary’s office with an application to cancel the donation and provides all the documents and evidence necessary for this. The notary, having studied them, certified the application submitted by the grandmother. However, the husband of the deceased categorically did not want to voluntarily give up the property. Therefore, the grandmother of the late Elizarova T. had to go to court with a statement of claim to cancel the gift agreement on the basis of clause 4 of Art. 578 Civil Code of the Russian Federation. Only through the court was she able to obtain the return of the previously donated property.

How to file a claim to cancel a donation: sample

When filing a claim, you should be guided by the following generally accepted rules:

A detailed description of the circumstances of the case is required.
Overly emotional statements and excessive use of adjectives should be avoided.
It is unacceptable to have value judgments and, especially, insults towards the other side.
It is necessary to have references to laws and other acts to support your judgments.

A sample claim would look like this:

This is also important to know:
Agreement on gift of funds between relatives, sample

1. In the upper right corner you should indicate:

name of the court and its address;
details of the plaintiff, indicating address and contact details;
information about the defendant, indicating the address and available contact details;
amount of claim;
amount of state duty.

2. The main part should be placed in the center of the document, consisting of:

title of the document, namely “Statement of Claim”;
the essence of the stated requirements;
a list of justifications for the requirements presented with references to the provisions of the law.

3. At the end there should be a petition part in which your requirements should be clearly stated.

4. Upon completion of the document, the signature of the applicant or his representative and the date are affixed.

5. At the end there is a list of all attached papers indicating the number of pages and copies.

Fact
A sample claim for cancellation of a gift can be found

How to cancel

The request to cancel the donation can be sent directly to the donee who received an apartment, car or other item under a donation agreement. If he voluntarily refuses to return the donated property, the donor will have to file a lawsuit in court.

The donor can submit an application to cancel the gift independently. If the donation is canceled due to the fact that the donee intentionally took the life of the donor, his heirs have the right to file a claim (Clause 1 of Article 578 of the Civil Code of the Russian Federation).

Expert opinion

Lawyer Alexander Vasiliev comments

The statement of claim is filed in the court of general jurisdiction at the place of residence of the defendant. Before sending to the court, a copy of the statement of claim must be sent to the defendant and proof of sending must be attached to the package of documents provided to the court.

The claim for cancellation of the donation shall indicate:

Full name, address, other data of the plaintiff;
Full name, address, INN, SNILS or other identifier of the defendant;
A description of when the gift deed was signed and executed;
Information about the reasons for canceling the donation - what happened and how this is confirmed;
Information about whether the donor approached the donee with a demand to give the thing back, and what the result was;
The requirement to cancel the donation and terminate the contract, as well as return the donated item to the donor.

Filing a claim for termination of a gift agreement is subject to a state duty in the amount established by Art. 333.19 Tax Code of the Russian Federation. Since the consequence of cancellation of the donation is the return of the item to the donor, the state duty is calculated as a percentage of the value of the donated property.

When is refusal possible?

The court is obliged to accept and consider the statement of claim in any case, with the exception of only a few situations:

The application was not submitted to the jurisdiction specified in Art. 28 Code of Civil Procedure of the Russian Federation.
The applicant did not pay the state fee.

In both cases, the court issues a ruling indicating the reason for the refusal to accept documents, and also determines the required minimum of actions, the commission of which will entail the acceptance of the claim.

The court may refuse to satisfy the application in the following cases:

The statement of claim is drawn up incorrectly or the essence of the requirements is not clear from it.
The demands put forward are unfounded and meaningless.
The attached evidence is incomplete or dubious.
The applicant wishes to commit illegal acts.

Cancellation of donation is provided for by current legislation and only in certain cases specified by law. This can be done through the court, by filing an appropriate statement of claim.

Consequences of cancellation of donation

The consequence of the cancellation of the donation, in accordance with paragraph 5 of Art. 578 of the Civil Code of the Russian Federation, is the obligation of the donee to return the item of donation to the donor if it was preserved in kind at the time of cancellation of the donation. This norm repeats almost verbatim the general rules outlined in paragraph 1 of Art. 1104 of the Civil Code of the Russian Federation, according to which property constituting unjust enrichment of the acquirer (in our case, the donee) must be returned to the victim (donor) in kind.

If the cancellation of a gift occurs due to malicious ingratitude of the recipient towards the donor , then one cannot expect him to voluntarily return the gift. Often in such cases, the donee either sells the donated property, or deliberately destroys it or causes irreparable harm to it. Then the legal consequences prescribed in paragraph 1 of Art. 1105 and art. 1106 of the Civil Code of the Russian Federation and other rules on unjust enrichment provided for in Ch. 60 Civil Code of the Russian Federation.

Important

If the return in kind of the donated property is impossible, then the donee must return to the donor the actual value at the time of its acquisition, as well as losses associated with changes in the value of the donated item, which could arise in the process of late payment.

Cancellation of a donation in itself does not entail any real consequences does not automatically transfer back to the donor from the donee . Such a transition will not be a consequence of the cancellation of the donation as a fact, but of the fulfillment by the donee, voluntarily or through the court, of the obligation to return the donated property, which arose as a result of the cancellation of the donation. The donor's demand may be directed purely against the recipient. And if the latter sold the object of donation to a third party, then the donor cannot make demands on such person .

Nuances that should be taken into account by the donor

Before concluding a gift agreement between relatives, the following points should be taken into account:

If property was jointly acquired during marriage, then before concluding a transaction, a notarized consent of the second spouse will be required;
If the subject of the contractual relationship in question relates to shared ownership, you should obtain permission to conduct the transaction from other rights holders of the house;
In the power of attorney that is issued to the representative, the name of the object of donation (location address, area, etc.) must be clearly indicated.

If such rules are not followed, it will not be difficult to cancel the deed of gift for the apartment if you go to court.

Limitation period for cancellation of a gift agreement

Art. 181 of the Civil Code of the Russian Federation establishes a specific limitation period for challenging (or invalidating) a transaction for donating property. This period is three years . However, the beginning of the expiration of such a period is set differently for different cases:

for the party to the transaction, the period begins to be calculated from the moment the transaction begins to be executed;
if a transaction is appealed by a person who is not a party to the contract, then the period begins to count from the moment such a person learned or should have learned about the start of execution under the above transaction.

It is worth noting that the limits set for this are no more than ten years from the beginning of the transaction.

The legislation establishes a separate period for declaring a contestable transaction invalid . The period is one year from the date of cessation of violence or threat (or other circumstances) under the influence of which the transaction was concluded. In addition, Art. 202 of the Civil Code of the Russian Federation provides for the possibility of suspending the limitation period in the following cases:

occurrence of force majeure;
the plaintiff or defendant is part of the armed forces of the Russian Federation, transferred to martial law;
establishment of a moratorium (by Decree of the Government of the Russian Federation);
suspension of the provisions of civil legislation on donations;
carrying out pre-trial settlement procedures (mediation, mediation, etc.).

Immediately after the termination of the above circumstances, the limitation period continues to apply and is subject to calculation.

In addition, the court, in exceptional cases , may restore the above-mentioned period (due to serious illness, illiteracy, etc.), recognizing its absence as valid .

Is it possible to cancel a gift agreement: brief examples

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Is it possible to cancel a deed of gift for property? To do this, you will need to collect a lot of information, certificates and acts. Next, with a package of documents or certified copies of the originals, you should go to the court at the place of residence of the defendant or the location of the property.

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Fact
Whether it is possible to cancel a deed of gift for an apartment will depend on the sufficiency of the evidence base and how much available information will become essential for refuting the deed of gift.

For example, judicial practice has the following data:

The person tried to evade paying taxes to the state treasury when selling an apartment and got out of the situation in his favor by registering the transaction through an imaginary donation of real estate.
Any document, especially one related to large property, must be drawn up by a competent lawyer. The consequences turned out to be fatal when the contract was drawn up improperly (errors in the text, incorrect personal data, etc.), which allowed the applicant to cancel the deed of gift for the apartment.
Any threats or blackmail are interpreted by the court as unacceptable methods of influencing a person’s will, and in this case, moral violence through intimidation by relatives led to a disappointing result for the lawbreakers - the court decided to cancel the deed of gift for the apartment.
There are frequent cases when an official, having the official opportunity to do so, commits a deliberately planned crime in order to “scroll” an agreement on the donation of housing by deliberately misleading the elderly. Here it is more than clear how to cancel a donation agreement for an apartment - report to the police that a social worker, pension fund employee, postman, etc., using forgery of documents, received the right to own the victim’s living space.
The owner of the house was in a deeply depressed state or was not sane, that is, here we are already talking about recognizing the incompetence of the donor at the time of signing the agreement on the gratuitous transfer of the apartment to another legal user.
There was no written permission from the wife/husband or other owners, whose joint share in the apartment with the donor is present, to transfer the common real estate to one of the relatives, so the gift agreement was canceled.

Grounds for cancellation of donation

How to cancel a deed of gift due to its nullity in the legal sense? It is necessary to write a statement of claim and submit it to the court. But before you go to court, make sure that you have one of the grounds for which the gift can be canceled in the process of declaring it illegal:

Is it possible to re-register a deed of gift if it is a cover for a bribe to an authorized person or official? If this fact can be proven, the property will be re-registered and in this case only the State can become the new owner;
there is such a concept - the rights of the Gift - if property has non-property value for its owner, and especially for society, and as a result of the transfer of property as a gift, it may be destroyed or damaged beyond the possibility of restoration, cancellation of the donation is allowed;
Is it possible to cancel a deed of gift if the donor is under 18 years old or is declared incompetent? Termination of the agreement in this case is inevitable. In addition, the gifted person, aware of the social status of the donor, will have to not only return the property received, but also compensate the guardians or trustees for all expenses and moral damage caused;
Cancellation of a deed of gift is possible if it can be proven that when a person decided to donate an expensive item or real estate, he was under the influence of alcohol, drugs or medications;
if a citizen decides to re-register property with an encumbrance (for example, an apartment is seized for non-payment of alimony or for failure to repay loan obligations);
It is possible to cancel a deed of gift if the donor was not aware of his actions and did not imagine the future consequences. For example, a seventy-year-old grandmother with two years of education signed a deed of gift, but ended up on the street without housing;
termination of the contract is possible if facts are hidden from the donor that would greatly change his opinion on this situation (for example, the owner received news that his only son died as a result of hostilities, and neighbors persuaded him to sign a deed of gift in exchange for a promise of care and care for a lonely man. But the son remained alive. And at the time of putting down the signatures, the neighbors already knew about it);
Cancellation of a donation through the court will be possible subject to the presentation of evidence of coercion to complete the transaction (threats, physical violence, etc.);
the deed of gift will be canceled if errors and violations of the law are discovered (covering up another transaction under the guise of a gift, a condition for transferring property after the death of the donor, etc.);
termination of the contract occurs in cases where documents are drawn up, but the transfer of ownership rights is not carried out;
cancellation of the gift agreement will occur in the case when the recipient of the gift does not have the right to accept it, since the cost exceeds the mark equal to three thousand (for example, an official).

In case of cancellation of the donation, the donee, based on the provisions of the Civil Code, is obliged to return the previously received property back safe and sound.

Is it possible to cancel a gift agreement while the donor is in a civil marriage?

If a close relationship is not formalized and one of the common-law spouses draws up a deed of gift for the housing where they live together, then the other half asks a logical question - is it possible to revoke the deed of gift for the apartment?

This is also important to know:
Deed of gift for an apartment between close relatives

Since the property was acquired together and a common financial contribution was made to the renovation of the house, then, if there are appropriate checks and witness statements, it is possible to cancel the donation.

Voluntary termination of deed of gift

Cases cannot be excluded when the parties can terminate the deed of gift by mutual consent. To do this, it is necessary to draw up an agreement, which is signed by the parties. This document does not necessarily indicate the reason why the donor and the recipient came to the conclusion to cancel all previously reached agreements.

The only important thing is that the termination agreement is equivalent to a contract and must be drawn up and executed in the same form. That is, if valuables are given, the value of which is over three thousand rubles, then the termination agreement must also be drawn up in the form of a document.

If real estate was transferred under a gift agreement, then such an agreement must be registered in the prescribed manner. Accordingly, the agreement to terminate the contract must undergo a registration procedure, upon completion of which the donor will be returned his property.

FAQ

Question No. 1. Is it possible to revoke a deed of gift for real estate after a divorce?

This is also important to know:
Is it possible to issue a deed of gift for a minor child?

If the apartment was gifted to one of the spouses, then it will not be possible to challenge this deed of gift, nor will it be possible to divide it in the general manner. It does not matter whether the spouses were married at that time or not.

However, there are several nuances that can be taken into account. If repair work was carried out in the said apartment to significantly improve it, and expenses were made from the general family budget, after a divorce one of the spouses has the right to claim a share in such an apartment.

If the specified object was equipped with expensive equipment, with the corresponding receipts attached, the second spouse has the right to claim half the cost of purchasing the equipment.

Question No. 2. Is it possible to challenge a deed of gift executed before a divorce?

It is unlikely that it will be possible to challenge a deed of gift under a deed of gift that has entered into legal force. However, it is possible to do this if it can be proven that at the time of signing the agreement the donor was incapacitated or the transaction was concluded under pressure.

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