Can I cancel a grant, under what conditions and how?

Sometimes people who donated this or thatproperty, begin to wonder whether it is possible to annul gift money. Such a question should worry not only the former owners of gifts, but also the decorated people. After all, if you cancel the agreement, you will have to return what has passed to the new owner. Does the gift agreement give 100% certainty that the property will not be returned back? Or does Russia provide for any cases of cancellation / cancellation of the operation?

About the contract of gift

In order to fully understand this, we will have to understand what kind of document we are talking about. Can I cancel a gift for an apartment? And on the ground? The answer is not as simple as it seems.

Дарственная - это способ передачи имущества от one owner to another. The property received is not divisible by divorce. Therefore, this type of transactions was distributed among relatives, especially close ones.

Types of contract

Is it possible to cancel a deed of gift? It is important to understand that the contract of donation is different. Today there are the following options:

1. Agreement indicating the transfer of property to the new owner during the life of the old owner. In this case, the property becomes owned after the signing of the contract.
2. Gift, indicating the obligation of the donor in the future to transfer the object to the donee. For example, after death.

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

Chances of cancellation

Is it possible to cancel a deed of gift?The legislation of the Russian Federation indicates that it will not be possible to simply implement the idea. A deed of gift is a document that is voluntarily signed by the parties. And without their general consent to cancel the existing agreement will not work.

However, this does not mean thatcannot be canceled. It is allowed to carry out the mentioned operation in court. Also, the deed of gift can be canceled. These are two different procedures that are implemented approximately equally. Next will be described in more detail about all their features.

Lack of warranty

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

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

Cancel

Is it possible to cancel the donation on the ground during the life of the donor? Yes, but only with good reason. Otherwise, the court will not consider the application in the manner prescribed by law.

When is it permitted to cancel a valid agreement? For example:

1. The former owner has greatly deterioratedfinancial situation. In this case, only situations are considered in which the changes were not caused by the donor. For example, the apartment was destroyed by a natural disaster, a person became seriously ill and got a disability, and so on.
2. There were threats and insults to the donor or his family. This fact can be confirmed with the help of video and audio recordings.
3. The new owner of the property has created the conditions for the mutilation of the donor. Also, the reason for the cancellation of the contract of donation is the direct harm to the health of the former owner.
4. Careless treatment of property that is valuable to the donor. Such actions should lead to destruction. All these facts will have to be documented.
5. Death of the donee.But this circumstance allows you to return the property, if such a right is spelled out in the contract. Otherwise, the property will be inherited by the heirs of the donee.

These reasons are grounds for cancellation of the contract of donation. But no more than that. If you could not cancel the existing agreement, you will have to act differently. Namely - to conduct a cancellation.

Reasons for cancellation

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

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

1. The lack of state registration of operations in Rosreestre. In such circumstances, ownership remains with the previous owner.
2. If the document contains a clause stating thatthe donation citizen must provide something to the old owner. This feature indicates that the contract was not drawn up for free. So, the operation can be canceled.
3. The donor insists that the propertypassed to the new owner only after death. It implies the demise of the old owner of the property. This condition is typical for the will, and not for the gift. This fact will have to be taken into account.
4. Можно ли аннулировать дарственную на дом или иной an object? Yes, if the sale of property is hidden under this transaction. It is enough to prove that a person simply evades paying taxes for an operation in order to regain property.
5. If the transaction is made under the influence of blackmailor threats. The gift deed is a voluntary decision of the owner of the property to give it to another person. Violation of this condition allows you to cancel the operation.
6. There are no signatures of the parties in the contract. As already mentioned, the donation agreement is signed by both the donee and the donor. If there are no corresponding signatures, then the transaction is canceled.
7. When using the official position at the conclusion of the transaction. Usually, this item belongs to the officials who are able to influence the life of the donor in one way or another.
8. Recognition of one of the parties as incapable onmoment of agreement. So that you don’t have to think about whether you can cancel a deed of gift in this way, it is recommended that you attach health certificates at the time of signing the contract. They will confirm the adequacy and responsibility of the parties.
9. Errors in the text of the agreement. For example, the discrepancy of personal data or addresses. In this case, the existing contract can not be canceled, but canceled.

The processes being studied actually translate intolife is quite problematic. After all, the owners have to prove certain circumstances. Sometimes this is not possible. So, to return the property does not work.

Если же речь идет о совместной собственности, то the reason for cancellation of a donation transaction is the lack of consent of other owners to the operation. So, if the wife did not allow her husband to give a part of the common property, and the spouse did it anyway, it is allowed by the court to recognize the transaction as invalid.

Death of the donor

Is it possible to cancel the grant on landplot during the life of the donor? Yes. How to do this will be discussed later. First, it will be necessary to clarify whether it is possible to revoke a valid donation contract after the death of the donor.

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

In addition, the death of the donor through the fault of the donee allows close people to first return the donated property. True, it will have to try pretty.

Limitation of actions

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

How much is it? From 1 to 3 years.It is usually understood as the prescription of circulation of 36 months. After the expiration of this period, the cancellation / cancellation of the agreement is impossible, even if there is a reason.

Cancellation / Cancellation Instructions

Now it is clear whether it is possible to annul a gift on the ground and not only. It will not be easy to do this, but step-by-step instructions will help to bring the idea to life.

So, to cancel or cancel a deed of gift, you will have to:

1. Select the basis on which the appeal to the court.
2. Clarify the limitation period for a particular case. As already mentioned, it can not exceed 3 years.
3. Collect evidence of their innocence. This step is required to pay special attention, because the donee will prove innocence.
4. Make a claim with a detailed description of the situation.
5. Submit a claim with documents prepared in advance to the court. The application is submitted to the local judicial authority for consideration.
6. Participate in a court hearing and get his hands on a court decision. It is important to understand that consideration of the claim may be delayed for several months.

Perhaps that's all. If the court’s decision does not satisfy the claimant, he may appeal to the higher authorities for appeal. The main thing - to have evidence of their innocence.