Sample (download example): Objections in a case challenging the donation of a share in an apartment

When is it possible to cancel a gift agreement?

A gift agreement is a document that cannot be rewritten, amended or canceled, such as a will. After all, it was signed by both parties, and it can only be canceled if they agree. But it is still possible to cancel a gift agreement through the court, such as challenging a real estate purchase and sale agreement. However, in this case, you will have to provide the court with very strong arguments, which must also be based on clear legal aspects and supported by certain evidence, such as witness testimony, expert opinion.

That is, for example, if a person who donated his living space simply declares in court that it was a mistake and he changed his mind, then success will not be achieved in this case.

If the Donor or recipients are interested in how to formalize the donation of an apartment without subsequent negative consequences. Our lawyers will help with this and will provide assistance in this matter, leveling out subsequent disagreements.

Termination of a gift agreement in court

The legislator identifies a number of conditions and grounds for terminating a concluded gift agreement in court. It also provides for challenging a gift agreement by a third party if, as a result of this agreement, his rights and obligations were affected.

The legislation regulating the termination of a gift agreement through the court specifies a number of reasons that provide the opportunity to cancel the validity of the document:

the transaction was not recorded in Rosreestr;
careless attitude towards donated property;
the papers are drawn up incorrectly;
death of the donee;
the insanity of the person who donated the apartment or house.

Circumstances of proof when terminating a gift agreement in court

I would also like to note that the gift agreement can also be canceled through the court after registration. However, to do this you will have to provide compelling evidence that:

the recipient party made an attempt on the life of the donor or his relatives;
the property is treated in a manner that results in its destruction or loss;
the contract was drawn up in gross violation of the law.

But it is best to leave the question of how to terminate a gift agreement with or without mutual consent to our experienced lawyers. After all, only a highly qualified specialist can competently and legally correctly understand the situation and win the case in favor of the applicant. Because he has experience, knowledge, and a sense of the intricacies of jurisprudence for this.

USEFUL: see also VIDEO with advice from a civil lawyer on handling cases in court

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.

How to cancel a gift deed for a minor?

Minors are often the recipients of property donations. The right to represent their interests in various authorities is granted, in most cases, to parents and guardians. Unforeseen life situations, and sometimes ordinary quarrels, serve as a reason for the donor to go to court. The latter often wonder how to cancel a contract for a minor? It should be noted that the law strictly monitors the rights and interests of children. A simple quarrel or hostile relationship is not such a reason.

Arbitrage practice. T. filed a lawsuit demanding that the parents of minors cancel the agreement on donating shares of residential premises to their grandchildren. T. motivated his intentions by his parents’ desire to sell the apartment to participate in a program to improve living conditions. The lawyer on the side of the minors managed to prove that the agreement was concluded in the prescribed form, all the necessary conditions were reflected and certified by a notary. A conflict between the parties is not a basis for canceling a gift to minors and depriving them of their only home. The defense attorney proved that if the plaintiff's demands were satisfied, the rights of minors would be significantly infringed. The court rejected the claim.

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:
Gift deed for an apartment: pros and cons

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.

Termination of a gift agreement by agreement of the parties

The transaction for the transfer of property as a gift is terminated, including by mutual agreement, without recourse to the courts. The initiator may be a party, or the intentions are mutual. Termination of a gift agreement by agreement of the parties is formalized in a written document, which must contain information:

personal and passport data of the parties;
indication of mutual consent;
ownership of the property at the time of signing;
about the condition of the donated item;
the burden of bearing the costs associated with the agreement;
order of actions;
notary's certification

Important: if a written proposal to terminate obligations under the contract is refused, or a response is not received within a month, then the initiator of termination can draw up a statement of claim to cancel the gift agreement and send it to the court.

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.

Statement of claim for cancellation of the gift agreement

The statement of claim for cancellation of the gift agreement must contain information:

name of the instance of appeal (district, city court);
information about the parties to the proceedings (full name and address);
information about registration (if available);
grounds provided by law for cancellation (not to be confused with invalidity);
link to documents confirming the pre-trial procedure for cancellation;
request to the court to cancel and return the gift;
copies of documents (lawsuits, claims, judicial acts, evidence, etc.)
duty payment receipt (original)

Attention: depending on the grounds, other documents may be required. It is recommended to contact a lawyer in disputes regarding the cancellation of a gift agreement.

Consequences of cancellation of the gift agreement

Cancellation of an agreement on donation of property on the grounds established by law entails its return to the previous owner, and if the transfer of rights has been registered in Rosreestr, then the entry about this is subject to exclusion. There may be other unfavorable consequences of the cancellation of the gift agreement.

Arbitrage practice. S. filed a claim against E. for the cancellation of the deed of gift for the residential premises and compensation for physical and moral suffering. After concluding the agreement on the gift, E., while at S.’s residence, based on the enmity that had arisen, struck S. several times on the head with a crystal vase. He was found guilty by the magistrate court of beating S. and subjected to administrative punishment. The district court upheld S.'s claim in full.

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.