Judicial practice canceling a gift agreement. Judicial practice on a gift agreement on the grounds for cancellation of the gift. Recognition of a gift agreement as an imaginary transaction

The donor himself can challenge the deed of gift personally, or after his death, the heirs of this person will do this in court by filing a statement of claim. It is important to remember the statute of limitations, as the claim must be filed before the expiration of this period. Regardless of the subject of the donation, the grounds and procedure for challenging the deed of gift are unchanged.

Grounds for challenging a gift agreement

According to Part 1 of Art. 166 of the Civil Code of the Russian Federation, a transaction is invalid on the grounds established by law, due to its recognition as such by the court (voidable transaction) or regardless of such recognition (void transaction).

Challenging a donation by a donor

It is possible to challenge a gift agreement only in court. The Civil Code of the Russian Federation provides for special grounds for challenging, which apply only to deeds of gift, namely:

• if the donee died before the donor, that is, he outlived the recipient of the gift;
• if the recipient of the gift treats it inappropriately;
• if an attempt has been made on the life or health of the donor or his close relatives by the donee;
• if the donor’s standard of living has decreased or changed life situation(refers to a contract promising a gift in the future).

Grounds for invalidating a gift transaction:

• if the text of the agreement specifies conditions that make it invalid (if conditions are specified that provide for the transfer of a gift after the death of the donor; lifelong maintenance of the donor; the possibility of the donor using the donated item);
• if the gift is given to a certain circle of people. The legislator indicated some categories of citizens who cannot be donees: civil servants in connection with the performance of their functions; guardians (trustees) when concluding a gift transaction with their wards; social or treatment workers.

Challenging a donation after the death of the donor

It is quite difficult to challenge a deed of gift during the life of the donor if the transaction was concluded by him in his right mind and was his expression of will. If the contract is drawn up by a notary, then it is almost impossible to challenge it. Due to the fact that the form is drawn up by a legally competent person, therefore there are no factual errors, the notary acts as a witness to the conclusion of the agreement at the will of the donor and the donee. Heirs can challenge a gift transaction only in court, by filing a claim in court.

Grounds for challenging a deed of gift after the death of the donor:

• the contract is fake. As a rule, the donor's signature and seal are called into question. This can be verified by conducting a handwriting examination. At the moment, the technology for conducting this examination has come a long way; if necessary, the expert will be able to tell how long ago certain inscriptions in the contract were completed;
• presence of legal errors in the contract. The conditions are specified under which the deed of gift is invalidated (the property is transferred after the death of the donor or the donee is obliged to maintain it);
• the recipient of the gift gave a certain amount for the gift. This fact is difficult to prove, but if there are independent witnesses to such a transaction, the contract will be declared invalid;
• when concluding the deed of gift, there was no consent of the spouse (co-owner). Such consent is necessary if the property is in common joint ownership;
• at the time of conclusion of the transaction the donor was incapacitated;
• the giver was subjected to moral or physical influence, or was deceived;
• the recipient of the gift took the life of the former owner of the gift.

Attention

All of the above grounds must be supported by objective evidence (medical certificates, video and audio recordings, eyewitness accounts, etc.).

Time limit for challenging a gift agreement

After a gift agreement has been concluded, the possibility arises that it will be challenged by interested parties or the donor. The period during which a violated right can be challenged is called the limitation period.

As Part 1 of Art. 200 of the Civil Code of the Russian Federation, the limitation period begins from the day when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right.

The statute of limitations begins from the time when the person learned that his rights were violated. Perhaps this date will coincide with the deadline for concluding the contract, or the citizen did not know about the conclusion of the transaction at all. This calculation is made individually in each individual case. If violence or any threats were used against the donor, the period begins from that moment When did the pressure stop?

Limitation periods:

• 3 years (as a general rule);
• 1 year (for a voidable transaction).

Information

If the statute of limitations has expired, the plaintiff still has the right to file a lawsuit. When submitting a statement of claim to the court, you must indicate the expiration date and the reason why it was missed (you must write an objective reason for such a miss).

In 2013, Vasilisa Ivanovna gave her granddaughter Alena her apartment. The grandmother donated this property because her granddaughter exerted physical and moral pressure, regularly beat her, and humiliated her. After the deed of gift, the apartment became the property of the granddaughter, and the grandmother suffered a heart attack in the hospital, where she stayed long time, rehabilitation in a sanatorium took about 12 months. On the advice of her relatives, Vasilisa Ivanovna filed a lawsuit to declare the deed of gift invalid, since the transaction was concluded under physical influence, in which she justified the omission of the limitation period (due to long-term illness and rehabilitation). The court recognized this omission as valid, and the term was reinstated. The fact of any influence on Vasilisa Ivanovna was confirmed at the court hearing by all neighbors and close relatives. The gift agreement was declared invalid, Alena was obliged to return the property to her grandmother.

The procedure for challenging a donation in court

In order to challenge a deed of gift in court, regardless of who is the plaintiff, it is necessary to draw up statement of claim, in which it is necessary to indicate the facts and grounds on which this transaction may be declared invalid. To file a claim, it is advisable to contact a qualified lawyer who will help collect the entire evidence base, clearly justify all the grounds for the challenge, calculate the statute of limitations, and if it has expired, help find the reason for missing it, etc. He will also advise on all questions of interest regarding challenging the gift agreement, and will collect a package of related documents:

• contested gift agreement;
• receipt of payment of state duty;
• certificates, extracts and other medical documents, texts of legislative acts, explanations of eyewitnesses, audio, video recordings, and, if necessary, expert opinions.

After drawing up the statement of claim, collecting all necessary documents, the plaintiff sends evidence to the court at the defendant’s place of residence, according to general jurisdiction. Within five working days, the judge considers the issue of accepting the statement of claim for his proceedings.

However, the court may refuse to accept it(should not be considered in a civil court; a similar claim has already been resolved by the court; there is an arbitration decision on this claim) or return it to the plaintiff(if the procedure for pre-trial settlement of the conflict was not followed; the plaintiff was incapacitated; jurisdiction was not respected; the signature of the plaintiff or his representative is missing, or the plaintiff withdrew his application before the judge issued a ruling on acceptance for his proceedings).

Additionally

When considering a claim, the court considers it comprehensively, without excluding the possibility that the plaintiff is pursuing his own selfish interests. According to the civil legislation of the Russian Federation, the court protects the rights of the donor, since he was initially the owner of the property, exercising full ownership, use and disposal at his own discretion.

Judicial practice of challenging a gift agreement

A deed of gift is a fairly common transaction. As a rule, the subject of the contract is real estate or expensive things. Quite often, a gift transaction is concluded in order to cover up other legal relations (purchase and sale, annuity with lifelong maintenance, etc.), this is done for various reasons; some donors mistakenly think that it is easier to challenge the gift deed in court and return the donated item.

The most common grounds specified in statements of claim for invalidation of a gift agreement:

• the delusion of the giver in the nature of giving (gratuitousness);
• other legal relations are covered up (erroneously or with certain intent).

Often a deed of gift is disputed by the donor because he was mistaken about its nature, thinking that the recipient of the gift must fulfill certain property obligations, and if such actions were not carried out, then the donee is obliged to return the gift. It is not uncommon for elderly citizens in need of constant care to go to court. They entered into a deed of gift in the hope that the recipient of the gift will support and care for them until death, but the latter begins to evade caring for the donor, who subsequently goes to court with a statement of claim.

When filing a claim on the grounds described above, the donor will usually face a refusal. The judge refers to Art. 178 of the Civil Code of the Russian Federation, in order to recognize a transaction as invalid on such grounds, it is necessary that the plaintiff be mistaken in the nature of the agreement or in the qualities of the subject of the gift, which reduce the possibility of its use. By nature, the gift transaction is gratuitous, that is, the former owner of the gift transfers the gift to the recipient without any obligations of a property nature. Moreover, if the recipient of the gift does not comply with any oral agreements, this is not a basis for challenging it and invalidation. Motives, which guided the donor when concluding the deed of gift don't matter either.

If the plaintiff points out that the transaction is fraudulent, then it is difficult to prove in court and, as a rule, impossible. The recipient of the gift, as a rule, denies this, claiming that the transaction was gratuitous; the donor gave him the gift without any compensation.

Challenging the donation of an apartment

It is quite difficult to challenge a deed of donation of an apartment, unlike a will, sale or purchase. Due to the fact that there is a short statute of limitations, the legislator has established an exhaustive list of grounds on which the gift of an apartment can be challenged. In this case, the plaintiff can be both the donor himself and interested parties after his death (heirs).

Additionally

When going to court, the plaintiff should know that this only makes sense if there are sufficient grounds to invalidate the contract. According to the civil legislation of the Russian Federation, the plaintiff must document certain facts that are grounds for challenging the apartment donation agreement.

Grounds for challenging the apartment donation agreement:

• the deed of gift has been legally incorrectly formalized or drawn up (if, for example, a condition is specified under which the gift is transferred only after the death of the donor);
• there is no state re-registration of the donated apartment (if the recipient of the gift did not submit documents for registration of real estate before the death of the donor, then this gift will not be included in the inheritance. This is due to the peculiarity of the deed of gift - donation after the death of the donor is prohibited);
• if at the time of the donation of the apartment the donor was under the influence of alcohol or drugs, that is, he was not aware of his actions;
• there is no consent of the spouse certified by a notary;
• if the donor does not have the right to donate this apartment, and the donee does not have the right to accept it (guardians (trustees) cannot accept apartments as gifts from their wards; civil servants; employees of medical and social institutions);
• the apartment donation agreement covers other legal relations (usually the purchase and sale of real estate);
• the deal was concluded under pressure from the donor.

According to Art. 246 Civil Code of the Russian Federation a participant in shared ownership has the right, at his own discretion, sell, donate, bequeath, pledge your share or dispose of it in any other way.

Information

Challenging a donation agreement for a share of an apartment is similar in its procedure and grounds when the subject of the donation is an entire apartment.

Conclusion

It is quite difficult, and sometimes even impossible, to challenge a deed of gift in court. The most successful basis for invalidating a contract is the inadequate condition (presence of mental illness) of the donor at the time of concluding the contract. Such a disease is easy to prove by conducting a psychiatric forensic examination, providing a certificate of condition registered with a psychiatrist, and medical documents.

Question - Answer

At the beginning of 2015, my close friend’s husband and son died. The day after their death, her husband’s nephew persuaded her to give him an apartment and a country house. The friend was in a state of shock after the death of her loved ones, so she signed an agreement. Will a friend be able to challenge the gift agreement?

In order to challenge such a transaction, your friend must draw up a statement of claim, preferably with the help of a competent lawyer, where it is necessary to consistently set out all the facts and grounds for recognizing such an agreement as invalid. It is necessary to invite close people who witnessed the donor’s state of shock into the courtroom. If necessary, a psychiatric examination can be carried out to check for the presence of temporary mental clouding in a friend. This situation will be resolved at the discretion of the judge, and the plaintiff’s demands must be justified by facts.

My father took out a loan for a fairly large amount, which he subsequently could not repay. He owns an apartment, the value of which could pay off the debt to the bank. A lawsuit was sent to him by mail to collect money. The father entered into a donation agreement with his mother for his apartment. This gift agreement is formal, so that the bank does not take it away “for debts,” the father still lives in this apartment, although he has lost the right of ownership. Will the creditor be able to challenge this gift agreement in court?

The chances of creditors are quite small, since extensive judicial practice has developed on these issues. In most cases, the court refuses to creditors, citing the fact that the donor at the time of the deed of gift did not have a court decision to collect amounts in favor of the creditor.

Legislation Russian Federation considers donation as an independent type of contract, the execution of which requires certain actions of the parties. Non-compliance or violation of the conditions imposed on this type of contract calls into question the legality of its conclusion.

When concluding a gift agreement, the parties do not always have an idea of ​​what consequences may arise. improper form agreement or failure to comply with legal requirements for this type of transaction. As a result, legal proceedings often arise regarding the recognition of the gift agreement unconcluded.

Specification of the subject of the real estate donation agreement

Interpreting Art. 432 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), when concluding an agreement, the parties must agree on all the essential terms of such an agreement, otherwise such an agreement will not be concluded.

Under essential conditions refers to the conditions regarding the subject of the donation, which legislation or regulations are required to be reflected when drawing up a document. The conditions that are essential to the contract are:

• Name the object of the donation (i.e. a gift that is transferred from the donor to the recipient);
• location of the gift (if the gift is real estate);
• characteristics of the gift (for real estate this could be technical specifications, cadastral number etc.).

Important

Judicial practice shows that the parties to a transaction do not always understand what the essential terms mean and, based on their understanding of them, indicate insufficient or do not indicate the essential terms of the contract in the document.

Moreover, if the subject of the donation is not sufficiently specified (for example, when donating shares, it is not indicated which parts of the property are being transferred as a gift), this cannot serve as a basis for recognizing the donation as not concluded.

Registration of transfer of ownership after the death of the donor

When donating real estate, it is necessary register the transfer of rights on property from the donor to the donee (Article 574 of the Civil Code of the Russian Federation). Registration is carried out according to both parties transactions. Only in this case the deal is considered concluded.

However, situations arise when the donor died before state registration. What to do in such cases? In judicial practice, very often there are cases of disputes about the legality of such registration. Moreover, the opinions of courts on similar disputes very often differ.

There are two ship positions, relying on which the authorities make certain court decisions in disputes about the legality of state registration in the event that the death of the donor occurs before the moment when the transfer of rights must be registered.

First point of view

The first position or view of the courts is based on the interpretation of the law by the Supreme Court. According to the law (clause 7 of article 16 of the Federal Law “On state registration of rights to real estate and transactions with it”), deal is registered from the moment the corresponding entry about the transaction or right is made in the register. Only in this case there are legal consequences.

Thus, the courts, adhering to this point of view, understand the legal transfer of the right to property under a gift agreement in the presence of the following circumstances:

• the presence of a properly executed gift agreement (reflecting the will of the donor to transfer real estate as a gift);
• the presence of bilateral actions by the parties to the transaction aimed at registering the transfer of ownership of real estate (when the parties submitted applications and documents for state registration);
• availability of entered information about the transaction or the right in the Unified State Register of Rights.

Information

The absence of an entry in the Unified State Register of Rights entails the courts recognizing the gift agreement as not concluded. And the property that should have become the property of the donee, in the event of the death of the donor, becomes part of the inheritance mass.

Second point of view

The second position or point of view of the courts is the opposite of the first. The courts believe that if documents were provided on state registration parties, however, before the entry was made in the Unified State Register of Rights, the donor died, this cannot serve as a basis to recognize the gift agreement as not concluded.

Explaining their position, the courts indicate that the donor expressed his will and reflected it in the contract, did not take any actions to return the property, but, on the contrary, took actions aimed at alienating the ownership rights to this property by filing an application for state registration.

Thus, courts that adhere to this point of view consider the gift agreement to be concluded when the parties fulfill the following circumstances:

• the presence of a gift agreement that is properly executed;
• availability of submitted documents for state registration.

Accounting for the right of spouses to share in property

Litigation in gift cases often arises when the opinion of one of the spouses is not taken into account when drawing up a deed of gift ( consent not received spouse).

The Family Code (Clause 1, Article 35) provides for the use and disposal of property that is in common ownership of the spouses, only according to their mutual consent. This rule obliges both spouses to obtain each other’s consent to carry out any actions in relation to common real estate or other property that requires registration. Therefore, if one of them expresses a desire to donate such property, then it is necessary to obtain the written, notarized consent of the second spouse.

Attention

If this transaction is concluded without obtaining consent, then it can be declared invalid in court. However, the second spouse, who did not consent to the transaction, will have to provide evidence to the court that the disputed property is the common property of the spouses.

Citizen “S” filed a statement of claim against citizens “A” and “K” to recognize the apartment donation agreement concluded between “A” and “K” as invalid. Having substantiated the stated requirements by the fact that during the period of conclusion of the gift agreement between the defendants (citizens “A” and “K”), the plaintiff was in a registered marriage with one of the defendants, who acted as a donor.

The apartment transferred under a gift agreement to citizen “K” is the jointly acquired property of the spouses (plaintiff - citizen “C” and defendant - citizen “A”), since it was acquired during the marriage. Namely, the defendant, citizen “A,” joined a housing construction organization and was issued a warrant for the disputed apartment. The warrant also includes the plaintiff. Both spouses are registered in the disputed apartment.

In 2013, the marriage between the spouses was dissolved, but the property was not divided. The defendant, citizen “A,” registered the ownership of the disputed apartment and in 2014 transferred the apartment under a gift agreement to the defendant, citizen “K.”

According toclause 3 art. 253 Civil Code of the Russian Federation , a transaction that was made by one of the participants in joint ownership at the disposal of such property may be declared invalid by the court at the request of the remaining participants in the common ownership, if the party who entered into the transaction did not have the necessary authority to do so.

The court found that when concluding the transaction, the defendant, citizen “K,” who was the recipient of the controversial transaction, knew that the donor did not have the consent of his wife to carry out such a transaction. Under these circumstances, the court considers that the donee acted in bad faith.

The court's decision in this case: satisfy the claims. The donation agreement in terms of the transfer of ownership to “K” is invalidated and the consequences of the invalidity of the agreement in this part are applied.

Conclusion of a gift agreement by a donor who was in an insane state

Judicial practice is rich in disputes regarding the recognition of a gift agreement as invalid, due to the fact that the donor was in insane. However, it is quite difficult to challenge a transaction on such grounds if the donor has never been registered with a psychoneurological dispensary.

Important

In order to recognize a gift as invalid, it is necessary to present to the court the appropriate evidence (certificates and medical reports, witness statements, facts, etc.) of the donor’s insanity.

Sometimes it is necessary to prove that the donor was in an inadequate state only at the time of the donation, and in general, does not have any mental disorders. For example, he was in a state of drug or alcohol intoxication or under the influence of medications or other drugs, etc. In this case, practically the only evidence can be testimony.

In judicial practice, there are situations when evidence of the donor’s insanity on the day of the transaction is protocol on administrative offense, compiled by a police officer. It reflects that at a given moment in time, the donor, being under the influence of strong alcoholic intoxication, committed an administrative offense.

It would seem that such a negative circumstance, however, subsequently helped the court to make the right decision, and the donor to return the property.

Concluding a gift agreement to cover another transaction

In accordance with Art. 170 of the Civil Code of the Russian Federation, a court may recognize a gift agreement as invalid if the gift agreement was drawn up in order to cover up another transaction. In this case, it is necessary to prove that the transaction was fictitious.

Evidence fictitiousness can serve:

• receipts for receipt cash, in return for donation;
• testimony of persons who did not participate in the transaction, but somehow knew or possessed such information;
• other evidence.

Additionally

The trial takes place on the initiative of both interested parties and the parties to the transaction themselves. If everyone is present necessary condition and evidence, the court recognizes the transaction as imaginary or feigned and applies the consequences of invalid transactions.

Conclusion

Donation is a voluntary transaction, as a result of which one party (the donee), in fact, enriches himself, and the other (the donor) loses the right to the property that was donated. Therefore, situations often arise when relatives or family members of the donor, and sometimes the donor himself, are dissatisfied with such a transaction, which is the subject of litigation.

However, controversial situations arise not only between participants in judicial proceedings, but also when courts apply legislative and regulatory acts when making a decision on such disputes. The reason for this is the ambiguous interpretation of the legislation.

At the same time, fundamental importance for the court’s decision is the presence of indisputable evidence that the parties present in support of their arguments.

Question - Answer

My grandfather issued a deed of gift to a stranger. The grandfather is registered due to a mental disorder. What is needed to recognize a deed of gift as invalid and how to prove it in court?

In order to invalidate a gift agreement, it is necessary to file a claim, collect evidence and present everything to the court.

The claim must indicate the names of the parties to the agreement and addresses, the subject of the dispute, describe the situation and state your requirements, as well as attach a copy of the agreement (if available), certificates and opinions of medical institutions about the state of health of your grandfather, etc.

IN trial, if the court considers that the evidence is insufficient, it is necessary to file a petition to request such evidence or call witnesses; you can also ask the court to order a forensic psychiatric examination.

Can my wife invalidate the gift agreement if the deed of gift for the apartment was signed without her consent?

Yes, such transactions are court, in accordance with Art. 253 of the Civil Code of the Russian Federation, is invalidated, but only if it is proven that the property is the common property of the spouses.

Invalid transactions In case of violation of the interests or rights of one of the parties to the deed of real estate, it should be declared invalid. This procedure with rare exceptions, it occurs through a court decision. Invalid transactions are made in the interests of one of the parties and without taking into account the interests of other participants, who may not even be aware of the infringement of their rights at the time of the procedure. The grounds for invalidating an agreement may vary, but are always related to non-compliance with the provisions of the law. Invalid transactions are:

• insignificant. They are recognized as such regardless of the presence or absence of a court decision. These include an imaginary (feigned) transaction or one made in violation of the law (Article 168, Article 170 of the Civil Code of the Russian Federation);

• voidable. They are recognized as such only by the presence of a court decision.

An error occurred.

After cancellation of the transaction, ownership of the apartment also passes to the donor. You will need to re-register ownership with Rosreestr and obtain new passports for the apartment. Video: How to avoid getting into trouble when donating real estate In the video, a lawyer gives advice on how to legally correctly draw up a donation agreement for an apartment or other real estate.
It explains which points of the agreement need to be given particular attention in order to protect yourself and the transferred property from illegal actions of one of the parties to the transaction, and how to terminate this agreement if the need arises.

Judicial practice on gift agreements

In practice, to challenge a deed of gift for an apartment, it is enough to fulfill at least one of the conditions:

• the transaction has not passed state registration;
• the donor's incapacity has been proven;
• the subject of the document falls under the category of prohibited items - Articles 388, 389, 390 and 391 of the Civil Code of the Russian Federation;
• there are elements of pressure on the donor;
• the apartment is joint property and cannot be the subject of an agreement until approved by all owners.

The rules of inheritance law do not apply if there is a correctly executed donation transaction. Heirs cannot challenge the contents of the document if all the rules of execution are followed and there is no evidence of violation of the law. There is also the possibility of donating a single home.
It is important that at the time of registration of documents there are no minors registered in it.

Judicial practice of challenging a deed of gift for an apartment

It is prohibited to carry out such actions on behalf of minors; civil servants do not have the right to accept gifts if the agreement is signed within the framework of their official powers. Reasons for appeal Disagreement with the fact of donation must be justified. Judicial practice in cases of this type clearly shows the complexity of the procedure and the rather strict requirements on the part of judges for the evidence base.
Therefore, before starting a challenge, it is necessary to determine the reason for disagreement with the deed of gift. They can be of the following types and can be challenged under the following articles of the Civil Code of the Russian Federation:

• 572. The subject of the transaction or its terms are incorrectly indicated. Often this concerns joint property or an incorrect definition of a gift.
170.


There are signs of sham. With the help of such agreements, they try to deliberately underestimate the financial condition of the donor.

Article 578 of the Civil Code of the Russian Federation. cancellation of donation

The court in a civil claim to cancel a deed of gift does not have the right to decide the issue of guilt of the donee, since these issues fall within the competence of the criminal court. A significant circumstance when canceling an agreement is negligence in handling a gift that is dear to the donor, which can become grounds for termination of the agreement in court if there is evidence. It must be proven that the donee was aware of the value of the donated object for the donor.
When a donor (company, individual entrepreneur) makes a transaction using funds from his official activities, it may be terminated if evidence of his bankruptcy is provided within 6 months, i.e. violations of insolvency law.

Cancellation of donation of real estate

Info

Judicial procedure In court, the deed of gift is declared invalid. Relatives or the donor himself, having realized whether they can cancel the transaction, file a claim to invalidate the apartment donation agreement. The basis can only be one of the reasons specified in the Civil Code, namely in Article 578.

The claim is filed with the court at the place of residence of the recipient (defendant). In addition to the claim, supporting documents, witness statements, court orders, certificates from medical institutions, etc. are attached. At any stage of the hearing of the case, the list of documents can be supplemented.
The applicant also pays the state fee and attaches the corresponding receipt to the claim. During the consideration of the case, a decision is made to return the apartment to the donor or a refusal in writing indicating the reason. The apartment is returned to the recipient in the form in which he received it.

Challenging a gift agreement: judicial practice

Can the district administration or another structure cancel the document? Answer: No. Only the donor in the presence of legal circumstances. Question: The owner of the house gave the property to his youngest son, and a year later decided to add two more children to the document. But the youngest son does not agree. What can be done? Answer: The circumstances of the situation do not correspond to the articles of the law providing for the possibility of canceling the agreement or declaring it invalid.

Important

The consent of the youngest son is required to donate part of the property to other persons. Question: A co-owner of real estate, who has a minor child, wrote a deed of gift for his share in the apartment to his father. Is this legal? Answer: Legal. The right to dispose of property belongs to the owner, moreover, it is not jointly acquired property.

Children cannot claim the property of their parents (during their lifetime).
Legislation of the Russian Federation Civil Code of the Russian Federation (Civil Code of the Russian Federation) Part two Section IV. Selected species obligations Chapter 32. Donation Article 578 of the Civil Code of the Russian Federation. Cancellation of a donation 1. The donor has the right to cancel the donation if the donee has made an attempt on his life, the life of one of his family members or close relatives, or has intentionally caused bodily harm to the donor. In case of intentional deprivation of life of the donor by the donee, the right to demand in court the cancellation of the donation belongs to the heirs of the donor. 2. The donor has the right to demand in court the cancellation of the donation if the recipient’s handling of the donated item, which represents great non-property value for the donor, creates a threat of its irretrievable loss. 3.

Invalidation of the gift agreement

If during the trial the apartment is sold, donated, exchanged, its market value is compensated. The limitation period in case of cancellation of a gift is 12 months from the date of conclusion of the contract. The general limitation period is 3 years. Consequences of termination or cancellation of the contract Article 578 (clause 5) of the Civil Code provides for the return of the apartment to the donor in kind after cancellation (termination) of the deed of gift.
This rule applies both to judicial cancellation and to termination of the contract by its parties. But by the time the contract is declared invalid, the apartment may already have been sold to the recipient. In this case, the amount from the sale is compensated to the owner in monetary terms. At this stage, the biggest problems arise: the recipient could have already spent the money from the sale of the apartment, but own funds he no longer has it. In this case, collection is also carried out in court.

Cancellation of a gift agreement

Additionally, the possible fact of exposure of one of the parties to the transaction to violence or pressure is taken into account. In this case, the period is calculated from the moment of termination of these actions. In examples of actual judicial practice important point is the evidence base. To make a positive decision to terminate the gift transaction, it is necessary to provide undeniable facts of violation of the law.

These include documents, medical certificates and witness statements. Features of challenging a deed of gift If the subject of the transaction is real estate (apartment, house, land plot) - new opportunities for challenging are added. When signing an agreement, the parties are obliged to comply with all conditions and formalities - they express their desire not under pressure, are capable and are aware of the full responsibility of such a step.

Supreme Court Republic of Tatarstan (Republic of Tatarstan)) Decision in case 2-1541/2018 ~ M-10484/2017 (03/30/2018, Sovetsky District Court of Ufa (Republic of Bashkortostan)) Decision in case 2-1991/2018 ~ M-585/ 2018 (03/28/2018, Sverdlovsk District Court of Krasnoyarsk (Krasnoyarsk Territory)) Decision on case 33-1079/2018 (03/27/2018, Smolensk Regional Court (Smolensk region)) Decision on case 2-957/2018 ~ M-299 /2018 (03/26/2018, Biysk City Court (Altai Territory)) Decision on case 2-1260/2018 ~ M-485/2018 (03/22/2018, Zelenodolsk City Court (Republic of Tatarstan)) Decision on case 33-5054/2018 (03/22/2018, Supreme Court of the Republic of Tatarstan (Republic of Tatarstan)) Decision on case 2-3053/2017 ~ M-2737/2017 (03/22/2018, Shakhty City Court (Rostov region)) Decision on case 2-820/2018 ( 2-8087/2017;) ~ M-7519/2017 (03/21/2018, Oktyabrsky District Court of the city.
The transaction may not take place for general reasons provided by law:

• in case of non-compliance with legal requirements;
• in the absence of the intention of the parties to create the corresponding legal consequences (imaginary contract);
• when concealing an actual agreement of a different kind;
• in case of recognition of a citizen as incompetent;
• in the case of a commission by a minor child (under 14 years of age) or in the absence of the consent of the guardianship authorities or trustees of a minor citizen;
• if committed by a citizen under the influence of a misconception regarding the nature of the procedure or a malicious agreement between representatives of the parties.

A transaction declared invalid does not entail any legal consequences. The recipient undertakes to return everything received to the donor, and if this is not possible, to reimburse its value in monetary terms (Articles 166-181 of the Civil Code of the Russian Federation).

Kopeysk City Court (Chelyabinsk region) - Civil and administrative

Located at: ADDRESS. Ownership Demchenko V.A. for a residential building and land plot was registered on June 22, 2016. By virtue of paragraph 1 of Art. 572 of the Civil Code of the Russian Federation, under a gift agreement, one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) an item of ownership or a property right (claim) to himself or to...

Decision No. 2-15/2019 2-15/2019(2-403/2018;)~M-362/2018 2-403/2018 M-362/2018 dated July 30, 2019 in case No. 2-15/2019

Muslyumovsky District Court (Republic of Tatarstan) - Civil and administrative

Either a property right (claim) to oneself or to a third party either releases or undertakes to release it from property obligations to oneself or third parties (Article 572 of the Civil Code of the Russian Federation). In accordance with Art. 166 of the Civil Code of the Russian Federation, a transaction is invalid on the grounds established by the Civil Code of the Russian Federation, due to its recognition as such by the court (voidable transaction) or regardless of...

Decision No. 2-3590/2019 2-3590/2019~M-2256/2019 M-2256/2019 dated July 30, 2019 in case No. 2-3590/2019

Avtozavodsky District Court of Nizhny Novgorod (Nizhny Novgorod Region) - Civil and administrative

Agreements of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached. In accordance with paragraph 2 of Art. 572 of the Civil Code of the Russian Federation, under a gift agreement, one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) an item of ownership or a property right (claim) to himself or...

Decision No. 2-1146/2019 2-1146/2019~M-654/2019 M-654/2019 dated July 30, 2019 in case No. 2-1146/2019

Moskovsky District Court of Kaliningrad (Kaliningrad Region) - Civil and administrative

The Civil Code of the Russian Federation recognizes as transactions the actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations. In accordance with paragraph 1 of Art. 572 of the Civil Code of the Russian Federation, under a gift agreement, one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) an item of ownership or a property right (claim) to himself or to...

Decision No. 2-2000/2019 of July 30, 2019 in case No. 2-2000/2019

Sverdlovsk District Court of Kostroma ( Kostroma region) - Civil and administrative

It has an owner and can be acquired by another person on the basis of a contract of sale, exchange, donation or other transaction for the alienation of this property. According to paragraph 1 of Art. 572 of the Civil Code of the Russian Federation, under a gift agreement, one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) an item of ownership or a property right (claim) to himself...

Decision No. 2-1426/2019 2-1426/2019~M-657/2019 M-657/2019 dated July 30, 2019 in case No. 2-1426/2019

Central District Court of Simferopol (Republic of Crimea) - Civil and administrative

What are the claims for recognition of ownership rights for FULL NAME2? share in are subject to satisfaction. Based on the above, guided by Art. Art. 164, 218, 433, 572, 574 of the Civil Code of the Russian Federation, Art. Art. 194-199 of the Civil Procedure Code of the Russian Federation, court, - DECISION: Statement of claim FULL NAME10 – to satisfy. Recognize as FULL NAME10...

Decision No. 2-3023/2019 2-3023/2019~M-2683/2019 M-2683/2019 dated July 30, 2019 in case No. 2-3023/2019

Sverdlovsk District Court of Belgorod (Belgorod Region) - Civil and administrative

He will outlive the donee. The defendant objected to the claim. Having examined the circumstances at the court hearing based on the evidence presented by the parties, the court refuses to satisfy the demands. Paragraph 1 of Article 572 of the Civil Code of the Russian Federation establishes that under a gift agreement, one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) a thing in ownership or a property right (claim) ...

Decision No. 2-354/2019 2-354/2019~M-340/2019 M-340/2019 dated July 30, 2019 in case No. 2-354/2019

Bichursky District Court (Republic of Buryatia) - Civil and administrative

Signing the deal. The agreement is drawn up in advance, all the terms of the transaction are reached independently, the only condition is the signing of the agreement in the presence of an MFC specialist. According to paragraph 1 of Article 572 of the Civil Code of the Russian Federation, under a gift agreement, one party (the donor) gratuitously transfers or undertakes to transfer to the other party (the donee) an item of ownership or a property right (claim) to himself or...

...the legality of the plaintiff's demands. Having examined the circumstances of the case based on the evidence presented by the parties, the court comes to the conclusion that the stated requirements are partially satisfied for the following reasons. Paragraph 1 of Article 572 of the Civil Code of the Russian Federation stipulates that under a gift agreement, one party (donor) gratuitously transfers or undertakes to transfer the property to the other party (donee). According to Part 1 of Article 178 of the Civil Code...

Invalid transactions In case of violation of the interests or rights of one of the parties to the deed of real estate, it should be declared invalid. With rare exceptions, this procedure occurs through a court decision. Invalid transactions are made in the interests of one of the parties and without taking into account the interests of other participants, who may not even be aware of the infringement of their rights at the time of the procedure. The grounds for invalidating an agreement may vary, but are always related to non-compliance with the provisions of the law. Invalid transactions are:

• insignificant. They are recognized as such regardless of the presence or absence of a court decision. These include an imaginary (feigned) transaction or one made in violation of the law (Article 168, Article 170 of the Civil Code of the Russian Federation);

• voidable. They are recognized as such only by the presence of a court decision.

Please enable javascript

Currently, the defendant does not give her the opportunity to live peacefully in the said apartment. She asked that the agreement be considered void under Art. 178 of the Civil Code of the Russian Federation, as a prisoner under the influence of delusion. Later she changed the grounds of claim to Art. 177 of the Civil Code of the Russian Federation, indicating that when signing the documents, she did not understand the significance of her own actions due to chronic diseases and being under the impression of the death of a loved one.

Attention

During the court hearing, the defendant did not recognize the claims. He indicated that the deed of gift was made at the will of the plaintiff, the notary explained the essence of the transaction, the plaintiff was aware of the nature and consequences of the actions. The district court's decision did not satisfy the claims.

The plaintiff in the appeal asks to change the court decision on the basis of its inconsistency with the circumstances of the case and violation of procedural law.

Cancellation of donation of real estate

These include a change in the property status of the donor, who by transferring the gift will significantly reduce his standard of living. The issue of termination of an apartment donation agreement is resolved exclusively in court. An analysis of judicial practice in cases of cancellation of donations shows that most often their initiator is the donor himself.
To do this, he files a claim and then presents the court with evidence of his point of view. Recognizing the donee as unworthy Most often in the practice of considering court cases on the termination of a gift agreement, there are cases when a relative who is about to receive an apartment as a gift, either to speed up this event or to eliminate competitors, decides to take illegal actions. Moreover, he commits them deliberately, that is, fully aware of the severity of the consequences.

Judicial practice on gift agreements

But if such a condition was absent, then after the death of the donee the thing goes to his heirs. As for the terms of the agreement on the transfer of a thing after the death of the donor, it is always void. Grounds for cancellation of a deed of gift The agreement, like any transaction, can be declared invalid in accordance with paragraph 2 of Chapter 9 of the Civil Code of the Russian Federation.

Important

If the item has been preserved after the donation was cancelled, it must be returned to the previous owner in kind. Ordinary gifts up to three thousand rubles are not returned. Cancellation of the transaction is permitted if the recipient of the gift made an attempt on the life of the previous owner (or his loved one) or caused him bodily harm.

Also, the previous owner can request the item back if it is of non-property value to him, and the recipient of the gift treats it so carelessly that there is a risk of its destruction.

Cancellation of a gift agreement: judicial practice

• the death of the recipient occurred earlier than the death of the donor, before the registration of ownership by the new owner of the apartment;
• the recipient refused the apartment;
• the contract states that the gift passes to the new owner after the death of the previous owner (this is, in fact, a will);
• There are legal “flaws” in the text or form of the transaction, etc.

Cancellation can be carried out by a lawyer or in court, depending on the reasons for termination. If the text of the agreement itself indicates the reasons why it is cancelled, then the donor contacts a law office to cancel the deed of gift.

Judicial practice of challenging a deed of gift for an apartment

For example, committed under the influence of difficult life circumstances (“enslaving” transaction). For recognition, grounds (evidence) are required. Limitation periods for annulment of an agreement The current legislation does not allocate limitation periods depending on the type or object of the agreement. The general statute of limitations is 3 years from the day the interested party became aware of a violation of his or her rights.

For some types of requirements, other deadlines may be applied, shorter or extended compared to the general condition:

• the invalidity of a void transaction may be considered if a claim is filed within a 10-year period from the beginning of execution;
• the invalidity of a voidable transaction can be considered if a claim is filed within 12 months after the termination of the circumstances that led to the agreement (Art.

An error occurred.

According to this condition, if the donor survives the donee, he has the right to demand that the heirs return the gift. Of course, if the donee has not transferred his right to someone else during his lifetime, for example, through concluding an agreement for the sale and purchase of an apartment. Another case when cancellation of a donation is possible is the declaration of insolvency (bankruptcy) of a legal entity or individual entrepreneur. In the case where the gift was made not from personal funds, but from property used for commercial purposes. If this happened within six months before declaring bankruptcy, then interested parties can initiate termination of the apartment donation agreement. Refusal to fulfill a contract is somewhat different from cancellation of a gift.
If it provided for the transfer of an apartment in the future (but during the life of the donor), then under certain conditions it may not be fulfilled.

Cancellation of a gift agreement

To cancel the agreement, the nature and severity of the physical harm caused to the donor and/or its members does not matter. The fact that took place is important. To cancel, all that is required is proof of intentionality of the harm caused. To family members, relatives (close) in accordance with Art. 14 of the RF IC include:

• spouses and children;
• grandchildren, parents, grandparents;
• siblings and half-siblings (related only by mother or father).

When canceling a gift, it is significant that any unlawful behavior of the donee in relation to the donor has the nature of a criminal offense under the Criminal Code of the Russian Federation, that is, a crime is implied. Cancellation of the contract is possible only if there is a court verdict and accusation that has entered into force.

Cancellation of deed of gift

In addition, video recordings of the camera that the plaintiff secretly installed in her apartment after numerous threats from her son were presented. Based on what was presented, the court, based on Article 1 578 of the Civil Code of the Russian Federation, canceled the deed of gift and ordered the defendant to return the apartment to his mother. Refusal of donation and cancellation of donation In addition to cancellation of the donation, the donor has the right to refuse to fulfill the contract.

The difference is that refusal to transfer a gift is appropriate when the contract provides for the transfer to occur in the future. For a donation that has already been completed and concluded, cancellation is appropriate. The grounds for refusal to make a donation are:

• a situation where, after drawing up a gift agreement, the financial condition of the donor or his family unexpectedly and significantly worsened.

Post navigation

In this and similar cases, non-property value should be understood as a personal relationship to an object associated with some memories, family relationships. This is usually an item that is traditionally passed down from generation to generation in a family. Conclusion A donation as an invalid transaction may be voidable and void. The consequences of a void transaction apply if:

• the donation was made by an incapacitated person;
• the prohibition established by one of Article 32 of Chapter 3 of the Civil Code of the Russian Federation was violated;
• the transaction is imaginary or feigned;
• the transaction is contrary to the principles of law or morality.

The donation is invalidated by challenge if:

1. committed under pressure or coercion;
2. under deception;
3. under the influence of a significant misconception.

There may be several reasons for invalidity and insignificance at the same time.

Cancellation of a gift agreement judicial practice

Sometimes, in the case of housing disputes, relatives of elderly people try to get the deed of gift for an apartment or house canceled, proving that the donor acted without fully understanding what he was doing. The court's decision in this case depends on evidence, primarily a psychiatric examination. When alienating a share of a house or land for a fee, the owner must ask the consent of other owners or invite them to buy the share themselves.

Under a gift agreement, you can transfer a share in the property without the consent of the other owners. If the donation was feigned, and in fact the donor received money or real estate for exchange for his share, other owners who were not allowed to exercise the pre-emptive right of redemption can file a claim to transfer the rights and obligations of the buyer to themselves (you can view and download here: [sample statement of claim]).

Termination of a gift agreement judicial practice of the Republic of Belarus

The panel of judges found no grounds for overturning the court's decision, since the plaintiff did not provide evidence that during the alienation of the apartment, his expression of will was distorted by the influence of delusion or inability to understand his own actions. Donors of real estate often find themselves in a difficult situation due to misunderstanding and not fully understanding the consequences of their actions. Offended and deceived (as it seems to them) by relatives, donors go to court with the desire, after some time, to return everything back and cancel the deed of gift. But in fact, not based on the emotions or words of the donor, it is extremely difficult to confirm that you are right.
To do this, the donor must prove that he was not aware of the consequences of the agreement or transferred the property under the influence of threats or deception.