Is it possible to re-donate a donated apartment?

Is it possible to cancel a gift agreement?

1. Recognition of the donor as incompetent or partially capable . The presence of serious physical or mental health problems with the donor casts doubt on the possibility of concluding a gift agreement. Also, such an agreement is considered void if it was concluded without the consent of the donor’s guardian or trustee. There are possibilities for challenging such an agreement even if the guardian or the donor’s representative by proxy clearly acted against the interests of the donor by concluding an agreement that was unfavorable for him. The decision to recognize the donor as incompetent or partially capable on the date of conclusion of the contract can be made even after the death of the donor on the basis of a post-mortem psychiatric examination. Based on the findings of the examination, the court will decide whether the gift agreement for the apartment can be canceled.
2. Failure to comply with the form of the contract . Such cases include both elementary forgeries and the lack of state registration of such contracts. Notarization of such agreements is not a mandatory requirement, however, judicial practice in 2021 informally considers the absence of such certification as additional doubt about the authenticity of such an agreement. However, there is no consensus as to whether the donor can revoke the deed of gift solely on the basis of non-compliance with the form of the agreement. In most cases, such agreements, if they correspond to the essence of legal relations, will be recognized by the courts as valid.
3. Concluding a gift agreement under the influence of misconception, violence or deception . Fraudsters often take advantage of the donor’s gullibility by offering to sign an agreement without reading it. Such an agreement is declared invalid by the court, as one that does not reflect the real will of the party to transfer property rights to a house or apartment.
4. Conclusion of an imaginary contract . Very often, under the guise of a gift agreement, contracts for the sale or exchange of real estate are concluded. In this case, it is possible to recognize such an agreement as imaginary or feigned. Thus, the donor or his heirs will be able to return the apartment, but they will have to give the donee the amount of funds that was paid to them under a real, but not executed, purchase and sale agreement.

We recommend reading: Inventory Cost of an Apartment at an Address Online

When can a donation be cancelled?

A deed of gift for an apartment cannot simply be canceled during the life of the donor.
You need serious reasons to take a gift back. The grounds for cancellation of a transaction are contained in Art. 578 of the Civil Code. 4 reasons to cancel a donation:

1. The donee inflicts bodily harm on the donor himself or his family members.
2. Makes an attempt to kill the donor or his close relatives.
3. The donee is careless with the property, creating the risk of its loss. And the property itself has special meaning for the donor.
4. The next point relates to legal entities. It is possible to cancel a gift agreement when a company is on the verge of bankruptcy and deliberately hides property. The purpose of such a transaction is to avoid paying debts to creditors.

The housing is returned in the same form in which it was at the time of cancellation of the deed of gift. In this case, all income received remains with the person who received the gift. The return of property occurs if it has been preserved. Once the apartment has already been sold, it will not be possible to return it.

Is it possible to change a deed of gift for an apartment during the life of the donor?

1. Lack of consent of the remaining owners of the property upon registration. This also includes permission from the spouse when the transfer of rights affects living space purchased during marriage.
2. One of the parties is incompetent. Legislation protects citizens who do not understand their own actions, as they often suffer from fraudulent actions because they are vulnerable and very gullible.
3. Violation of legal norms. If the agreement is drawn up without taking into account all the rules, it is canceled.
4. Death of the donee. In judicial practice, there are few such cases, since when the current owner passes away, his rights to the donated object are inherited by his successors. When the previous owner is one of them, but is not the only contender, you can only count on a share of the living space.

Ways to re-register a deed of gift for a house

If the donor, on the grounds indicated in the article, changes his mind about transferring his property to the donee, then he has the right to re-register the deed of gift for the house to another person. He can do this in two ways:

• cancel the gift agreement;
• draw up a mutual agreement between the parties.

Let's look at each method separately:

Cancellation of a gift agreement

It is quite difficult to cancel a signed agreement. This can be done on the grounds listed in the article. After the contract is cancelled, the deed of gift is reissued to a more worthy candidate. When drawing up a new agreement, the donor will have to pay a state fee of 1,000 rubles.

Mutual agreement of the parties

If the donor and the recipient are on good terms, then the former can ask the recipient of the house to voluntarily give it up.

Important! The refusal must be made in writing and certified by a notary. It must be completed before receiving the home.

Is it possible and how to cancel a deed of gift for an apartment?

• the donee attempted to take the life of the donor, a member of his family or a close relative (in the event of the death of the donor, his legal successors may demand termination of the contract);
• the donee intentionally caused harm to the health of the donor;
• the recipient is extremely careless about the donated apartment, which has great intangible value for its previous owner (for example, several generations of his ancestors lived in it);
• the donation was made within six months before the donor was declared bankrupt (if such is a legal entity or individual entrepreneur);
• The text of the deed of gift stipulates that the apartment will be returned to the donor if the recipient passes away before him.

We recommend reading: From What Amount Can You Refund Tax When Buying an Apartment?

Is it possible to re-register a deed of gift and how to write it to another person

Many citizens are worried about whether it will be possible to rewrite the deed of gift to another person. The text of the contract can be replaced only after the previous transaction is canceled or invalidated and the property is returned to the previous owner. Get free legal advice on this issue right now on our website.

On a note!

If the parties to the agreement are not relatives, the recipient will have to pay a state fee of 13%.

Is it possible to rewrite a deed of gift to another person?

• the donor and the recipient make a common statement of their consent to transfer the gift in favor of a third party;
• interested parties pay the state fee and provide a receipt to the relevant authorities;
• the donor and the recipient must have documents confirming the rights to the property, as well as a cadastral passport and an extract from the BTI;
• the donor is obliged to provide a certificate about the number of persons registered in a given living space (issued by the housing office);
• a new gift agreement is drawn up, in which the recipient acts as the donor;
• After registration of the agreement, the transaction is considered completed, while the original deed of gift loses its force.

What documents are needed?

Even after the agreement has been drawn up with the participation of a notary, certified and signed by the parties, it does not yet have legal force. In order for it to come into force, registration with Rosreestr is required. To undergo such a procedure, the law gives a period of one year .

It doesn’t matter whether the apartment is being donated for the first time or is being re-donated, you must go through the full procedure. In total, it takes no more than ten days to complete. To register with Rosreestr you will need:

• Passports of each party;
• Deed of gift, drawn up in triplicate. The third copy will remain in Rosreestr, while the other two are with each of the parties to the transaction;
• Technical and cadastral passport of the apartment , which is the subject of the transaction;
• Extract from the house register and BTI at the location of the apartment;
• A receipt indicating the fact of payment of the state duty ;
• Documents that prove ownership of the apartment ;
• Certificate about how many and which persons are registered at this address .

In addition to the above documents, you will also need to fill out two applications to register the fact of transfer of real estate. They are issued at the place of application, in Rosreestr or MFC.

A special feature of registration with Rosreestr is that both parties to the agreement must participate in person. The condition is mandatory, and proxies in this matter do not have the right to act on behalf of any of the participants in the document.

The donation agreement for an apartment is concluded when this property is transferred as a gift. The gift agreement is drawn up according to certain rules in accordance with the law. Failure to comply with the form and rules for drawing up a contract entails the possibility of challenging it by interested parties and other negative consequences.

Reasons for changing a will

There are various circumstances that serve as grounds for rewriting a will. The circle of heirs may change due to the death of some of them or a conflict with the testator. Also, new dependents and other people may appear in the life of the testator, in whose favor he wants to allocate an inheritance share. The composition of property owned may expand or contract.

The heir died

The death of one of the heirs becomes a reason for revising the content of the will. However, it is worth remembering that a person who died before the deadline for receiving an inheritance can also have his own heirs. Therefore, if the testator does not mind, then the share can be assigned to pass to them. If the heir died and the testator did not have time to take this moment into account, then his share is divided among the remaining successors according to the law.

Such a hereditary transfer is not only an expression of the will of the testator himself during his lifetime - the heir may die even after the opening of the inheritance. In this case, Article 1156 of the Civil Code of Russia is applicable. The hereditary transmission described here allows the property intended for the deceased heir to be transferred to his legal successors both by law and by will.

Relationships have deteriorated

Interpersonal conflicts often lead to the desire to rewrite a will. However, it should be noted that sometimes the law allows for a share of the inheritance to be given to citizens who were not taken into account by the person in the will. For this purpose, the article provides for the concept of a mandatory share in the inheritance, which is issued to the dependents of the deceased person. This rule allows you to wedge yourself into the inheritance procedure contrary to the will.

This applies to official dependents. In this case, the dependent status should be confirmed by appropriate documentation for all dependents, except for the children of the testator. Also, relatives or spouses who are in care due to their inability to work have the right to be dependents. You can read about the mandatory share for them in Art. 1149 Civil Code of Russia.

The composition of the inheritance or shares has changed

To adequately distribute the current material base (real and movable property, as well as other assets), the old text of the will should be updated in a timely manner. The former inheritance estate is also allowed to be redistributed among the surviving participants in the will.

Unaccounted for property will be divided between the claimants for the inheritance. In this case, it is not the testamentary, but the legal nature of the division that is used. This implies an order of priority (Articles 1142-1145 of the Civil Code of Russia), in which there are more than five lines: from the people closest in blood to the most recent degrees of kinship.

Assigned obligations

This concept refers to the testator’s requirement that the heirs perform certain actions. They can imply both socially significant matters and actions in favor of the deceased testator (for example, his burial in a certain way and in a specific place). The basic rule is that the last will must not contradict current legislation.