Is it possible to annul the gift, under what conditions and how to do it?

Sometimes people who donate this or that property begin to wonder whether it is possible to annul the gift. Such a question should concern not only former gift owners, but also gifted individuals. Indeed, when the agreement is canceled, it will be necessary to return what has passed to the new owner. Does a donation agreement give 100% confidence that the property will not be returned? Or are there any cases of cancellation / cancellation of the operation in Russia?

About the gift agreement

To fully understand this, you will have to understand what kind of document we are talking about. Is it possible to cancel a gift certificate for an apartment? And to the earth? The answer is not as simple as it seems.

A deed of gift is a way of transferring property from one owner to another. The property obtained is not divided upon divorce. Therefore, this type of transaction has become widespread among relatives, especially close ones.

Types of contract

Is it possible to annul a gift? It is important to understand that a gift contract is different. Today, the following options are distinguished:

1. An agreement indicating the transfer of property to the new owner during the life of the old owner. In this case, the property passes into possession after signing the contract.
2. A deed of gift, indicating the obligation of the donor in the future to transfer the object to the donee. For example, after death.

As a rule, in practice, the first types of gifts are more common. Indeed, to cancel the second version of the document will be much easier than it seems.

Cancellation Chances

Is it possible to annul a gift? The legislation of the Russian Federation indicates that it will not work just to put the idea into practice. A gift contract is a document that is voluntarily signed by the parties. And without their general consent to cancel the current agreement will not work.

However, this does not mean that the gift cannot be annulled. It is permitted to carry out the said operation in a judicial proceeding. Also, a deed of gift can be canceled. These are two different procedures that are implemented approximately the same. Next will be described in more detail about all their features.

Lack of guarantees

But first, you should pay attention to the fact that the process of cancellation or cancellation of existing gifts is not always possible. And even if the donor has good reason, his decision can be challenged by the donee in court.

That is why it is important to understand that a deed of gift does not provide any guarantees. It can be canceled or canceled, but at the same time it is allowed to challenge the court decision. Experts recommend that you think carefully before giving someone your property. After all, the procedure for invalidating a transaction will require significant costs.

Cancel

Is it possible to cancel the gift of gift to the earth during the life of the donor? Yes, but only if there are good reasons. Otherwise, the court will not consider the application in the manner prescribed by law.

When is it allowed to cancel the current agreement? For instance:

1. The previous owner greatly worsened financial situation. In this case, only situations in which changes have occurred not through the fault of the donor are considered. For example, the apartment was destroyed by natural disaster, a person became seriously ill and received a disability, and so on.
2. Threats and insults were expressed to the donor or his family. This fact can be confirmed with the help of video and audio recordings.
3. The new owner of the property created the conditions for injuring the donor. Also, the reason for the cancellation of the gift agreement is the direct harm to the health of the former owner.
4. Careless attitude to property that is of value to the donor. Such actions should lead to destruction. All these facts will have to be documented.
5. Death of the donee. But a similar circumstance allows you to return your property, if such a right is prescribed in the contract. Otherwise, the property will be inherited by the heirs of the donee.

These reasons are the basis for the cancellation of the gift contract. But no more than that. If you fail to cancel the current agreement, you will have to act differently. Namely, to carry out the cancellation.

Reasons for Cancellation

Today it is important to realize that a gift is a civil law agreement. And if certain legal grounds for its conclusion are violated, the validity of the contract is allowed to be canceled.

Is it possible to annul a gift? Yes. To bring the idea to life, you will have to make sure that one of the following reasons exists:

1. Lack of state registration of operations in Rosreestr. Under such circumstances, ownership remains with the previous owner.
2. If the document contains a clause about what a gift citizen should provide something to the old owner. This feature indicates that the contract is not drawn up free of charge. So, the operation can be canceled.
3. The donor insists that the property be transferred to the new owner only after death. The death of the old owner of the property is implied. This condition is characteristic of a will, and not of a deed. A similar fact will have to be taken into account.
4. Is it possible to cancel a gift certificate for a house or other object? Yes, if the sale of property is hidden under this transaction. It is enough to prove that the person simply avoids paying taxes for the operation in order to regain property.
5. If the transaction is completed under the influence of blackmail or threats. A gift is a voluntary decision of the owner of the property to give it to another person. Violation of this condition allows you to cancel the operation.
6. There are no signatures of the parties in the contract. As already mentioned, the gift agreement is signed by both the donee and the donor. If there are no corresponding signatures, then the transaction is canceled.
7. When the official position is used at the conclusion of the transaction. Usually this item refers to officials who are able to influence the life of the donor in one way or another.
8. Recognition of one of the parties as legally incompetent at the time of conclusion of the agreement. In order not to have to wonder whether it is possible to annul the gift in this way, it is recommended that you sign health certificates at the time of signing the contract. They will confirm the adequacy and sanity of the parties.
9. Errors made in the text of the agreement. For example, a mismatch of personal data or addresses. In this case, the current contract can not be canceled, but canceled.

Actually, the processes under study can be quite problematic. After all, the owners have to prove certain circumstances. Sometimes this is not possible. So, it will not work to regain property.

If we are talking about joint ownership, then the basis for canceling the gift transaction is the lack of consent of other owners to the operation. So, if the wife did not allow her husband to donate part of the common property, and the husband did it anyway, it is allowed by the court to declare the transaction invalid.

The death of the donor

Is it possible to cancel a donation to a land plot during the life of a donor? Yes. How to do this will be discussed later. First, it will be necessary to clarify whether the existing deed of gift can be revoked after the death of the donor.

Yes, there is such a chance. In this case, the heirs of potential property should apply to the court. If there were reasons for the cancellation of the gift contract during the life of the owner, then the relatives, having proved them, will be able to regain certain objects.

In addition, the death of the donor through the fault of the donee allows loved ones to return the donated property first. True, you have to try pretty hard.

Limitation of actions

Is it possible to cancel a donation to the donor’s apartment? Yes, this practice takes place in Russia. The main thing is to remember that this process has a limitation period.

How much is she? From 1 to 3 years. It is usually accepted to mean the limitation of treatment of 36 months. After the expiration of this period, cancellation / cancellation of the agreement is not possible, even if there is reason for it.

Cancellation / Cancellation Instructions

Now it’s clear whether it is possible to annul the deed of gift to the earth and beyond. It will not be easy to do this, but step-by-step instructions will help to realize the idea.

So, in order to cancel or annul a deed of gift, you have to:

1. Choose the basis on which the appeal to the court.
2. Clarify the limitation period for a particular case. As already mentioned, it cannot exceed 3 years.
3. Gather evidence of your innocence. This step requires special attention, because the donee will prove innocence.
4. Make a lawsuit with a detailed description of the situation.
5. Submit a statement of claim with documents prepared in advance to the court. The application is submitted to the local judicial authority for review.
6. Participate in a court hearing and get a court decision on hand. It is important to understand that the consideration of the claim may drag on for several months.

Perhaps this is all. If the court’s decision does not satisfy the plaintiff, he may appeal to a higher authority. The main thing is to have proof of your innocence.