Is it possible to cancel a deed of gift in 2021: during the life of the donor, for an apartment, a house, between relatives

Author

Sergey Ershov

Registration number in the register of lawyers of St. Petersburg – 78/5563

You gave an apartment to your beloved girlfriend. But after some time, your feelings for her cooled. You regret the gift you gave. In this article I will tell you whether it is possible to cancel a deed of gift and what grounds are provided for this. I will outline in detail what procedure to follow in order to cancel the donation.

Is there a difference between canceling a deed of gift, declaring it invalid and terminating the contract?

Do not confuse the cancellation of a deed of gift, its recognition as invalid and the termination of a transaction.

What does cancellation of donation mean?

In relation to the gift agreement, the legislator introduced such a concept as its cancellation. It involves the removal of the donated item from the property of the donee and its return to the donor or his successors (in the event of the latter’s death).

What are the grounds for canceling a donation?

The grounds on which a transaction can be canceled are listed in Art. 578 Civil Code of the Russian Federation:

Commitment by the donee of an attempt on the life of the donor or his close relatives, intentional murder of the donor or causing him bodily harm.
The threat of irretrievable loss of a gifted item due to poor treatment of it by the recipient.
Bankruptcy procedure in relation to the donor - when the gift is made at the expense of funds associated with business activities.
The donor survived the donee.

This list is exhaustive and is not subject to broad interpretation. Therefore, it is not possible to revoke the deed of gift if the donor simply changes his mind.

The legislation also provides for the possibility of canceling such a form of gift as a donation. The transaction can be canceled for special reasons specified in Art. 582 Civil Code of the Russian Federation:

The donated property is used for a purpose other than that specified by the donor.
The purpose of the specified property was changed without the consent of the donor. And in the event of his death - without a corresponding court decision.

What is the difference between canceling a gift and invalidating a gift?

Cancellation of a donation and recognition of it as invalid have different legal natures. Thus, any regulatory violations or defects that occurred at the time of conclusion of the transaction are not provided as grounds for cancellation of the deed of gift.

In this regard, the rules regarding the invalidity of a transaction or its termination do not apply to the procedure for canceling a donation.

A gift agreement may be declared invalid as a void or voidable transaction - Art. 166 of the Civil Code of the Russian Federation. Its insignificance is expressly stated in the law. For example, a deed of gift made by an incapacitated donor is void. And also concluded as an imaginary or feigned transaction.

When a deed of gift is contestable

Voidable transactions are declared invalid only by a court decision. The deed of gift may be challenged on the following grounds:

Lack of consent of the wife/husband to complete the transaction - when the thing donated is the common property of the spouses (Article 35 of the RF IC).
Conclusion of a contract under the influence of threats, deception or violence - Art. 179 of the Civil Code of the Russian Federation.
Failure to comply with the mandatory written form - Art. 574 Civil Code of the Russian Federation.
The recipient is a civil servant, an employee of the medical institution where the donor was undergoing treatment, and other persons listed in Art. 575 of the Civil Code of the Russian Federation.
Lack of consent of all owners of the thing being donated - Art. 576 of the Civil Code of the Russian Federation.
The transaction contains a condition for material compensation in exchange for the donated property.

Is it possible to terminate the deal?

The gift agreement can be terminated by mutual consent of the parties. It is not necessary to indicate the reasons why the parties to the transaction came to this decision. Termination is carried out in the same form as the conclusion of the contract.

Therefore, it will not be possible to do this without the recipient. Except for cases where he has granted the authority to terminate the contract to another person through a notarized power of attorney.

Is it possible to terminate a property donation agreement unilaterally?

Many people are interested in how to unilaterally terminate an apartment donation agreement. This can be done through the court in the event of a significant violation of the contract by the other party - Art. 450 Civil Code of the Russian Federation.

In addition, Art. 577 of the Civil Code of the Russian Federation provides for the right of the donor to refuse to fulfill the agreement for the donation of an apartment/house/car, which contains a condition for the transfer of the gift in the future. This can be done in the following cases:

When the donor’s family, property or health status has changed so much that the execution of the contract will lead to a significant decrease in the standard of living.
When the donee made an attempt on the life of the donor or members of his family or intentionally caused him bodily harm.

The recipient can also refuse the gift at any time before its transfer - Art. 573 Civil Code of the Russian Federation. In this case, the transaction is considered terminated. The form of refusal must correspond to the form of the gift agreement. The donor has the right to demand compensation from the donee for actual damage caused by the refusal, if the transaction was written.

How to cancel a donation if the donee has made an attempt on the life or health of the donor

The legislation does not establish the donor’s obligation to go to court to revoke the deed of gift on this basis. This can be done by notifying the donee of the cancellation of the gift.

But as practice shows, in order to cancel the gift agreement, the donor will still have to go to court. Simply pointing out the fact of attempt or bodily harm is not enough. Relevant evidence must be prepared:

A conviction or court decision, according to which the donee is held criminally or administratively liable for committing illegal actions against the donor.
Documents from law enforcement agencies indicating contact with the police.
Certificates from medical institutions.
Testimony of witnesses.

There is also the right to cancel a deed of gift in the case where the donee has made an attempt on the life of family members or close relatives of the donor - husband/wife, parents, son or daughter.

Sample statement of claim for cancellation of donation (DOC, 44 КВ)

How to cancel a deed of gift if the donor was killed by the donee

A donation can be canceled only if there is a court conviction that has entered into legal force. In the absence of such a document, the guilt of the donee is not considered proven.

The right to revoke a deed of gift in court belongs to the heirs of the deceased.

Is it possible to cancel a deed of gift if the donee mistreats the gift?

To cancel a donation on this basis, the simultaneous presence of the following circumstances plays an important role:

Greater non-property value of the gifted item for the donor.
The threat of irretrievably losing the object of a gift due to mistreatment by the recipient.

In court, you will need to present evidence confirming that the above facts occurred. They may be:

Expert opinion.
Testimony of witnesses.
Results of inspections by relevant government agencies. For example, the conclusion of the State Fire Service of the Russian Federation on violation of fire safety rules.

Is it possible to cancel a deed of gift if the donor goes bankrupt?

It is possible to cancel a deed of gift on this basis in the case where the donor is an individual entrepreneur or a legal entity. At the same time, it is important that the donation be made precisely at the expense of funds associated with entrepreneurial activity.

The date of conclusion of the gift agreement is also taken into account. Transactions that were completed within six months before the donor was declared bankrupt are subject to cancellation.

Is it possible to cancel a contract if the donor survives the donee?

A deed of gift can be canceled due to the death of the donee only if such a condition is contained in the gift agreement. The legislation does not establish the donor’s obligation to go to court to cancel the gift on this basis.

However, in case of refusal or evasion of the donee’s successors from returning the donated item, the issue will have to be resolved in court. As evidence, it is enough to provide the text of the agreement and a document confirming the fact of the death of the recipient of the gift - a certificate or certificate.

If there is no provision in the text of the document regarding the right of cancellation, if the donee dies earlier, the donated property will be inherited by the successors of the deceased.

Sample statement of claim for cancellation of a donation after the death of the donee (DOC, 120 KB)

The right of ownership passed to the donee during his lifetime

If the donated apartment was registered in Rosreestr during the lifetime of the recipient, then he became the new owner with all the ensuing rights to the property. That is, the question of how a donated apartment is inherited in the event of the death of the donee can be answered this way: the apartment is inherited on a general basis according to the law or according to a will, if there is one.

When there is a will, the living space goes to the person indicated in it. However, in this case, persons entitled to an obligatory share in the inheritance must be taken into account. These include:

Articles on the topic (click to view)

How is an agreement for the assignment of rights to an apartment under the DDU drawn up?
What is more profitable: to continue living in a municipal apartment or to privatize it?
The Supreme Court of the Russian Federation on the redevelopment and reconstruction of premises in an apartment building
How does a mortgaged apartment become a property?
Written consent of one of the spouses for the alienation, sale of the apartment and its sample
What to do with a mortgaged apartment if a decision is made to divorce
SAC RF: It is impossible to recognize a property as ownerless if the owner has not registered ownership of it

dependents of the testator;
disabled spouses;
children with disabilities.

If for some reason they are left out, their rights can be restored in court.

When inheriting a donated apartment, according to the law, the heirs of the first priority, that is, the spouses and children of the deceased, have the right to it. Only in their absence or refusal of inheritance, the turn passes to grandchildren, nephews, and so on in order, the diagram of which is presented below.

Is it possible to cancel a deed of gift with the condition of donation in the future?

A deed of gift, which contained a condition about the promise of a gift in the future, can be canceled on the same grounds provided for in Art. 578 Civil Code of the Russian Federation.

With the exception of the condition regarding the recipient’s mistreatment of the donated item, which creates the threat of its loss. Since the recipient had not yet received the object of the gift, he could not treat it improperly.

If the donee dies before the donor, then the rights of the former to receive the object of the gift under such a transaction do not pass to his heirs - Art. 581 Civil Code of the Russian Federation. Accordingly, the donor is released from the obligation to fulfill the contract. An exception will be cases when, under the terms of the transaction, the successor of the donee has the right to act as a recipient of the gift.

After the death of the donor, his successors will be able to cancel the transaction with the condition of donation in the future if the death occurred through the fault of the donee and there is a court conviction that has entered into force.

If the agreement provides for a provision that the heirs of the deceased are not obliged to fulfill such a transaction, then the donor’s successors will not have to cancel it. In this case, the object of the gift will be included in the inheritance mass and will be distributed along with the rest of the property among the heirs of the line that is called for the inheritance.

Inheritance of property

Inheritance under a deed of gift is carried out if the document did not contain a condition for the return of property to the donor. Then the apartment is included in the general inheritance. The owner can independently indicate who will receive the living space donated to him in his will.

Next, the relative can only enter into the inheritance. Inheritance itself is carried out as standard. The heirs are required to present their rights to the apartment within 6 months. They then receive the appropriate certificates and can register ownership.

In this case, the donor has no right to demand the return of the donated property. But this circumstance does not interfere with the constant inheritance disputes that arise regarding such property. Even though the courts do not satisfy such claims.

Is it possible to cancel a deed of gift if it was made orally?

It is more difficult to revoke a gift that was made orally than a written agreement. The complexity is due to the fact that the donor or other persons initiating the cancellation must prove:

That the fact of donation took place.
Availability of grounds for cancellation.
That the property they want to get back previously belonged to the donor, but he donated it.

This will require witness testimony, audio and video recordings and other evidence of the transfer of the gift item to the donee.

It is impossible to revoke a deed of gift made orally on the grounds that the donor has outlived the donee. Since such a condition must be enshrined in the text of the gift agreement.

Consequences of termination

When the court sides with the plaintiff, the donee is obliged to return the apartment to the donor. But sometimes it happens that the other party (the recipient) remains offended, because a valuable gift has to be returned. In this case, it happens that the losing party tries to sell the donated property or seeks to destroy it as much as possible (set it on fire, cause a pogrom, break walls, damage furniture or repairs).

If such dirty tricks took place, the donor must record the damage caused and prove that everything was in order during the transfer of property. The court will definitely side with the plaintiff and oblige the former donee to restore the original appearance of the apartment, or to cover all the costs of restoring the returned donated property.

To consolidate the information received, we suggest watching a useful video with lawyer Oleg Sukhov about the termination of a gift agreement:

It is quite possible to terminate a gift agreement; it is important to have a compelling reason that complies with the laws of the Russian Federation, collect the necessary package of documents and have with you all the evidence that you are right. The easiest way to cancel a deed of gift is to come to the agreement of both parties. Otherwise, the problem will be decided by the court.

What gifts can be returned by canceling the deed of gift?

Almost any donated property can be returned, but if there are grounds for canceling the donation.

Is it possible to revoke a deed of gift for an apartment?

Cancellation of an apartment donation agreement is possible:

During the lifetime of the donor - due to intentional infliction of bodily harm, improper handling of the gift, bankruptcy of the donor, death of the donee before the donor, if this is provided for by the terms of the gift agreement.
After his death - only in the case of deliberate murder of the donor by the donee.

Is it possible to cancel a donation after state registration?

You can also return a donated apartment, the ownership of which has already been registered by the recipient. To do this, in the statement of claim to cancel the donation, in addition to the legal grounds and evidence, it is also necessary to indicate a requirement to cancel the registration.

The situation will be more complicated in the case where the donee has already sold the apartment to third parties. It is almost impossible to revoke a donation under such circumstances. Since new owners are recognized as bona fide purchasers if there is no evidence of their collusion with the donee or fraudulent actions.

Is it possible to cancel a gift for an apartment between close relatives?

A deed of gift concluded between close relatives is canceled on the same grounds as listed in Art. 578 Civil Code of the Russian Federation. The most common reasons for revoking a gift in such cases are:

Intentional harm to the health of the donor.
Careless attitude towards a gift, as a result of which it may be lost.

Is it possible to revoke a deed of gift for a house and land?

You can cancel a deed of gift for a house and a plot of land on almost any of the above grounds for cancellation.

It is necessary to take into account that the successors of the donor do not have the right, for example, to revoke the deed of land during the life of the latter. Only he himself can do this and only if there are appropriate grounds.

If at the time of the transaction there were violations of the law, the deed of gift for a house or land plot can be challenged both during the life and after the death of the donor. For example, if he was incapacitated when he signed a donation agreement for a house and land.

How can I cancel a deed of gift for a car?

The car donation agreement is canceled only on the grounds listed in Art. 578 Civil Code of the Russian Federation. If there are violations of the law when concluding a transaction, or it was completed as a result of threat or as a result of deception, the deed of gift for the car can be challenged.

Is it possible to cancel the gift of property rights?

Considering the provisions contained in Russian legislation on the abolition of donations, one may mistakenly come to the conclusion that such a possibility exists only for gifts in the form of property.

But a donation can also be annulled in the case where a property right is transferred as a gift. It is possible to deprive the donee of the transferred right by canceling the donation when this requirement is of a continuing nature and is relevant at the time of its revocation.

For example, the donor transferred the right of claim under a transaction, under the terms of which the donee will receive a certain amount monthly for 5 years. In this case, the donation may be canceled before the expiration of the specified period and if there are appropriate grounds.

A donation can be canceled if its object was the release of the donee from the obligation to the donor or the fulfillment by the donor of the donee’s obligation to third parties.

As for a gift made through the forgiveness of a debt, it can hardly be canceled. Because debt forgiveness ends an obligation that previously existed.

Is it possible to cancel a donation agreement?

Compliance with a written form for such a gift agreement is not a mandatory condition for its conclusion.

When canceling a gift that was made orally, it will be difficult to prove the exact amount transferred under the agreement as a gift. To do this, you will need to provide evidence to the court confirming the fact that the transfer of money took place:

Video and audio recordings.
Witness's testimonies.
Banking and other financial documents.

But it is not possible to cancel a deed of gift when its subject was money for all the reasons specified in the law. For example, carelessness with a gift cannot be used as a basis, entailing the risk of its irretrievable loss. Since the recipient has the right to independently decide how to use the money received.

If the donee beats the donor after receiving money from him, the chances of the gift being revoked increase.

Documentation

The following documents must be attached to the application:

Passport of a citizen of the Russian Federation or another country.
Evidence of the death of the testator. This fact is usually confirmed by a death certificate. If a citizen is declared dead in court, then a court decision will be additionally required.
Original will (if available).
Documents confirming relationship with the testator.
Extract from the Unified State Register for the apartment.
Apartment donation agreement.
Technical plan.
Cadastral plan (if the apartment is not located in an apartment building).
Certificate from the place of residence of the testator.
Evidence of property valuation (report, extract from Rosreestr).
Bank receipt for payment of the fee.

Who can cancel a deed of gift

A donation can be canceled by:

Donor.
Successors of the donor in some cases.
Third parties - creditors, representatives of government agencies, etc.

Can the donor cancel the deed of gift?

The transaction can be canceled at the initiative of the donor for almost any of the reasons listed in the section “What grounds are provided for the cancellation of a gift.” Except in the following cases:

When he was deliberately deprived of life by the donee.
When the gift agreement did not contain a condition on the cancellation of the gift after the death of the donee, in this case the transaction can be challenged.

Can the relatives of the donor cancel the deed of gift?

The right to revoke a gift belongs to the heirs of the donor in the event of his death through the fault of the donee. Therefore, they will not be able to cancel the deed of gift for the house during the life of the donor.

Can a bank demand cancellation of a gift?

The bank may initiate the procedure for canceling the gift so that the property transferred under the gift agreement is included in the bankruptcy estate. He has the right to do this if:

He was the donor's creditor.
Bankruptcy proceedings were initiated against the donor.
The donor is an individual entrepreneur or legal entity.
The transaction was completed six months before the donor was declared insolvent.

Which third parties can cancel the deed of gift?

Most often, representatives of guardianship authorities, prosecutors, and legal representatives who act in the interests of donor citizens and their legal successors act as third parties in such disputes.

Statement

To enter into an inheritance, the applicant must submit an application to a notary's office.

The document contains the following information:

name of the notary office;
information about the beneficiary (full name, place of residence);
reference to the presence of a relationship with a deceased citizen;
mention of a will;
data of other heirs;
the essence of the successor's request;
date of application;
applicant's signature.

Sample application for acceptance of inheritance

How to cancel a gift agreement - detailed instructions

Not all cases of cancellation of donation require judicial procedure
. Based on the meaning of Art. 578 of the Civil Code of the Russian Federation, cancellation of the deed of gift is possible:

By unilateral expression of the will of the donor - without going to court.
By going to court.

How to cancel a donation unilaterally without going to court

Cancellation of a donation is, in fact, a unilateral transaction in which the will of the donor is expressed. Appeal to the court, as a form of expressing such a will of a citizen, is not provided for all the grounds for canceling a donation listed in Art. 578 Civil Code of the Russian Federation. You can revoke a deed of gift without going to the courts:

If the donee dies before the donor - when the gift agreement provides for such a right.
In case of intentional infliction by the donee of bodily harm on the donor or an attempt on his life or the life of his family members and close relatives.

At the same time, this legal norm does not contain certain conditions on the form in which the citizen’s will should be expressed. I recommend that you formalize the refusal in writing. The donor’s algorithm of actions may look like this:

Drawing up a decision to cancel a donation - the wording contained in it must be clear and unambiguous, and the text clearly shows the donor’s intention to return the donated item on the grounds established by law.
Notarization of the decision to cancel the deed of gift - this requirement is not mandatory, but will serve as an additional fact confirming the firm intention of the donor and his legal capacity.
Notification of the donee about the decision - after its receipt, the donee's possession of the gift loses its legal and bona fide character.
Going to court is when the donee continues to illegally retain the object of the gift and refuses to return it.

How to cancel a donation in court

Although the judicial procedure is not provided for all grounds for canceling a donation, as practice shows, in almost all cases it is necessary to go to court. This is also due to the fact that the result of the cancellation of a gift is the obligation of the recipient of the gift to return it. But if the donee refuses to do this voluntarily, only a court can oblige him.

To cancel a donation, it is advisable for the interested party to adhere to the following algorithm of actions:

Preparation of the evidence base - collection of documents.
Drawing up a statement of claim.
Payment of state duty.
Sending copies of the statement of claim and attached documents to the parties involved in the case.
Submitting a statement of claim and available materials to the court.
Participation in legal proceedings.
Obtaining a court decision that has entered into legal force.
Presentation of a requirement to the donee to voluntarily comply with a court decision or an appeal to the FSSP.

Now let’s take a closer look at each of the above stages.

What evidence will be required?

The process of preparing the evidence base must be approached responsibly. Since their completeness will determine what decision the court will make in your case. The provision of certain evidence directly depends on the basis on which the plaintiff wants to cancel the deed of gift.

Such documents may be:

A conviction or a court decision to bring the recipient to criminal or administrative liability for committing illegal actions against the donor or his relatives.
Documents from law enforcement agencies indicating contact with the police.
Extracts from medical institutions.
Results of a medical examination or doctor's report.
Expert opinions regarding the value of the donated property or that it may be lost.
Conclusions of government agencies.
Testimony of witnesses.
Audio and video recordings.

This list is not exhaustive.

How to file a claim

The statement of claim is drawn up in accordance with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. It is submitted in writing and must contain the following information:

Name of the court and its location.
Data of the parties (full name, personal and passport data, place of residence).
Date and place of conclusion of the donation agreement.
Details of the notary who certified the contract - if the transaction was notarized.
Information about the item of donation - location, characteristics (area, number of floors - for real estate; brand, color, vin code, year of manufacture - for vehicles).
Grounds for cancellation of deed of gift.
The final request is to cancel the contract and terminate the defendant’s ownership rights. And in cases where the donee has registered ownership of himself, there is a requirement to cancel state registration.
List of documents attached to the claim.
Date of application.
Applicant's signature.

Before filing a claim, you must ensure that the collected documents and evidence are complete. Make sure that the statement of claim contains information on all of the above points.

You should also check whether the following documents are attached:

The applicant’s passport or a representative’s power of attorney.
Postal receipts for sending a copy of the claim to the parties.
A document confirming payment of the state duty.

What is the amount of state duty?

Before filing a claim, the applicant must pay a state fee. A receipt for its payment must be attached to the statement of claim.

Since such a claim is of a non-property nature, the amount of the state duty in accordance with Art. 333.19 of the Tax Code of the Russian Federation will be:

For individuals - 300 rubles.
For legal entities - 6 thousand rubles.

Do I need to send copies of the statement of claim to the parties?

In accordance with Art. 132 of the Code of Civil Procedure of the Russian Federation, the plaintiff must send copies of the statement of claim and available documents to the parties involved in the case. This must be done before going to court. Since a postal receipt confirming that the plaintiff has followed the specified procedure must be attached to the statement of claim.

Where to file a claim

Claims, the subject of which is the cancellation of deeds of gift for land plots, residential and non-residential premises, are brought to the court at the location of such objects within the framework of exclusive jurisdiction - Art. 30 Code of Civil Procedure of the Russian Federation.

In other cases, the statement of claim is filed with the court:

At the location of the defendant - Art. 28 Code of Civil Procedure of the Russian Federation.
At the location of the defendant’s property, when its location cannot be determined or it is located abroad - Art. 29 Code of Civil Procedure of the Russian Federation.

How long does it take for a case to be heard in court?

The court must consider the case within the period established by law.
An application to cancel the deed of gift is considered by the court within two months - Art. 154 Code of Civil Procedure of the Russian Federation. If the proceedings in the case were suspended in accordance with Chapter 17 of the Code of Civil Procedure of the Russian Federation, the period for consideration is extended by this period. For example, in the case of a court ordering an appropriate examination.

What to do after receiving a court decision

A reasoned court decision is drawn up within 5 days after the end of the trial - Art. 199 Code of Civil Procedure of the Russian Federation. The party that does not agree with the verdict has the right to appeal it within a month from the date of adoption - Art. 321 Code of Civil Procedure of the Russian Federation. If the decision has not been appealed, then it enters into legal force after the expiration of the period for appealing it - Art. 209 Code of Civil Procedure of the Russian Federation.

When the court decision satisfied the plaintiff’s demands, the deed of gift was canceled, and the donee was obliged to return the item received as a gift. And if it is impossible to return it in kind, pay monetary compensation.

When the deed of gift for real estate is cancelled, the plaintiff must contact the MFC or Rosreestr for state registration of ownership. To do this, you must provide the following documents:

Identity document.
A court decision that has entered into legal force.
Receipt of payment of the state duty for registration of property rights - 2 thousand rubles. for citizens and 22 thousand rubles. for legal entities.

If the plaintiff in the case was the donor’s successor, then the judicial act is transferred to the notary to include the donated item in the estate. Only after receiving a certificate of the right to inheritance, the heir of the deceased has the right to apply to the relevant government authorities to register ownership of himself.

In cases where the donee prevents the execution of a court decision, the applicant has the right to apply to the FSSP for the forced return of the donated item.

Procedure

Algorithm of actions for the legal successor:

Heirs need to contact a notary office.
You must have with you documents confirming your involvement with the testator and his property.
The papers are submitted at the place of residence of the deceased subject. If the citizen’s residential address is unknown, then the application is submitted at the location of the real estate he owns (Article 1115 of the Civil Code of the Russian Federation).
The notary checks the documents and establishes the applicant’s legal capacity.
Then the heir is explained his rights and obligations.
If the property is accepted, the applicant submits a written application.
The notary issues a supporting document to the applicant.
Repeated application to the notary's office occurs after six months. You must have your ID and assessment report with you.
The assignee must pay the state fee. The amount is calculated based on the value of the property. After payment, the notary issues a certificate of inheritance to the applicants.
The final stage is registration of property rights. The heir needs to prepare papers and submit them to Rosreestr. One of the documents is a receipt for payment of state duty. After 7–12 days, the copyright holder will be given an extract from the Unified State Register. After which he becomes the full owner of the property.

What is the deadline for canceling a deed of gift?

The general period for canceling a deed of gift is 3 years - Art. 196 of the Civil Code of the Russian Federation. The specified period is calculated from the moment when the person learned or should have learned that his right was violated.

In fact, the right of the plaintiff in cases of cancellation of the deed of gift is not violated. But most legal scholars agree that the above-mentioned 3-year period should be calculated from the moment the grounds for canceling the donation occur.

For example. 5 years after receiving the apartment as a gift, the recipient severely beat the donor. In this case, the specified 3-year period begins to run from the moment the donee commits illegal actions against the donor.

It is important to take into account that the limitation period can be restored if there are good reasons for missing it - Art. 205 of the Civil Code of the Russian Federation. For example, a serious illness. Only the parties to the dispute can declare that the specified deadline has been missed. The court does not have the right to do this on its own initiative - Art. 199 of the Civil Code of the Russian Federation.

The maximum period provided by law for the protection of a violated right is 10 years from the date on which it was violated. Based on the meaning of this rule of law, the donor can cancel the donation even 12 years after the conclusion of the agreement, if the grounds for this have arisen only now.

If we are talking about recognizing a gift agreement as invalid, then the legislation provides for the following limitation periods - Art. 181 Civil Code of the Russian Federation:

1 year - for voidable transactions.
3 years - for insignificant transactions.

What does judicial practice say in cases of cancellation of donation?

Judicial practice in such cases is ambiguous. The court's decision directly depends on the existence of grounds for canceling the deed of gift specified in the law and the completeness of the evidence presented.

For example. The woman went to court with a demand to cancel the donation agreement for the apartment. The basis indicated was the recipient’s improper handling of the gift, which could lead to its loss.

The court refused to satisfy her request. He justified the decision by the fact that the plaintiff did not provide evidence of the non-property value of the donated apartment. And she also could not explain to the court what the recipient’s improper handling of the donated item consisted of.

Let's look at examples from judicial practice, where the parties to the transaction that they wanted to cancel were close relatives.

Example 1. A mother gave her son an apartment. A year after the deal was concluded, he began systematically beating her. She contacted the police, a medical examination was carried out and a conclusion was received about causing grievous bodily harm.

A guilty verdict was passed against the son. Based on the received judicial act, the mother went to court to cancel the deed of gift. The court granted her request.

Example 2. A father gave his daughter a car. After some time, a major quarrel occurred between them. The donor decided to cancel the transaction and return the vehicle. But the court refused him. Because a quarrel, no matter how strong it may be, is not a reason to cancel the deed of gift.

Is damage caused by donation compensated?

The donor's obligation to compensate for damage to the recipient of the gift arises when it was caused as a result of defects in the donated item, if it is proven that these defects - Art. 580 Civil Code of the Russian Federation:

Arose before the transfer of the gift to the donee.
Are not explicit.
They were known to the donor, but he did not warn the recipient of the gift about them.

For the owner of the gift to become liable, all the above conditions must be present simultaneously.

Damage caused is subject to compensation according to the rules established by Chapter 59 of the Civil Code of the Russian Federation and in one of the following ways - Art. 1082 Civil Code of the Russian Federation:

Compensation for damage in kind involves transferring to the donee an item of the same kind and quality or repairing a damaged item.
Compensation for damages caused - if it is impossible to compensate for the damage in kind, then it is assumed that a certain amount of money will be paid to the donee. For example, when it was caused to the health of the recipient of the gift.

FAQ

Q: Is it possible to cancel a deed of gift for real estate?

A: It is possible, if provided for in Art. 578 of the Civil Code of the Russian Federation grounds for its cancellation or on the grounds provided for challenging it. For example, if the transaction was imaginary or feigned. Either the donor was incapacitated or the consent of the other owners to enter into the agreement was not obtained.

Q: Is it possible to cancel a deed of gift for land?

A: It is possible if the donee made an attempt on the life of the donor, took his life, or deliberately inflicted serious injuries on him or members of his family. And also in the event of bankruptcy of the donor-entrepreneur or when the recipient died earlier (this condition must be enshrined in the gift agreement).

Termination procedure by agreement of the parties

In the event of mutual agreement to terminate the gift agreement, the following procedure is established:

Collection of documents.
Drawing up an agreement to terminate the gift agreement.
Contacting a notary to certify documents.

example of an agreement to terminate a deed of gift.

Crib

A deed of gift can be canceled only on the grounds specified in Art. 578 Civil Code of the Russian Federation.
If the donation was in the form of a donation, then it can be canceled in the cases provided for in Art. 582 of the Civil Code of the Russian Federation.
For some reasons, the legislation does not provide for the need to go to court to revoke a donation. For example, when the donee made an attempt on the life of the donor.
Cancellation of a gift in such cases occurs by notifying the donee of the donor’s intention to return the gift on the appropriate grounds.
As practice shows, to cancel a gift you almost always have to go to court.
The right to cancel a gift belongs to the donor, third parties (bank, creditors, prosecutorial authorities, guardianship and trusteeship authorities) and the heirs of the donor (if he died due to the fault of the donee).
Before going to court, it is necessary to prepare evidence confirming the existence of grounds for canceling the contract.
If the court satisfies the plaintiff’s demands, the donee must return the item received as a gift or compensate for its cost.

Do you decide to cancel the deed of gift due to improper handling of the gifted item by the recipient of the gift? Will you try to cancel the deed of gift unilaterally or immediately contact the judicial authorities?