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, it is necessary 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.

Deductive is a way of transferring property fromone 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 grant? It is important to understand that the gift contract is different. Today, there are the following options:

1. An agreement indicating the transfer of property to the new owner during the life of the old owner. In this case, the property becomes property after the signing of the contract.
2. Dedicated, indicating the donor's commitment in the future to transfer the object to the donee. For example, after death.

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

Chances of cancellation

Is it possible to cancel a grant? The legislation of the Russian Federation indicates that it is impossible to justify the idea in life. A gift contract is a document that is signed voluntarily by the parties. And without their common consent, it will not be possible to cancel the current agreement.

Nevertheless, this does not mean thatcan not be canceled. It is permitted to conduct the said operation in a judicial procedure. You can also cancel the gift contract. These are two different procedures that are implemented approximately equally. Further on, all of their features will be explained in more detail.

Lack of guarantees

But first of all,that the process of cancellation or cancellation of acting donations is not always possible. And even if the donor has a reason, his decision can be challenged by the donee in court.

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

Cancel

Is it possible to cancel a gift on the ground during the life of the donor? Yes, but only if there are good reasons. Otherwise, the court will not consider the application in accordance with the procedure established by law.

When is it permissible to cancel the current agreement? For example:

1. The former owner deteriorated significantlyfinancial situation. In this case, only situations are considered in which the changes are not due to the fault of 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 video and audio recordings.
3. The new property owner created the conditions for injuring the donor. Also, the reason for the cancellation of the gift agreement is direct damage to the health of the previous owner.
4. Negligent attitude to property, which is of value to the donor. Such actions should lead to destruction. All these facts will have to be documented.
5. Death of the donee. But this circumstance allows you to return your property, if such a right is prescribed in the contract. Otherwise, the property will be inherited by the heirs of the donee.

These reasons are the basis for the cancellation of the gift agreement. But nothing more. If it was not possible to cancel the current agreement, you will have to act differently. Namely - to carry out cancellation.

Reasons for cancellation

Today it is important to realize that the donative is a civil-law agreement. And if any legal grounds for his conclusion are violated, the contract can be canceled.

Is it possible to cancel a grant? Yes. To implement the idea into reality, you will have to make sure that one of the following is true:

1. Absence of state registration of the operation in Rosreestr. Under similar circumstances, the ownership of the previous owner remains.
2. If the document contains a clause about what isa gifted citizen must provide something to the old owner. This feature indicates that the contract is not made on a non-reimbursable basis. So, the operation can be canceled.
3. The donor insists that the propertypassed to the new owner only after death. The death of the old property owner is implied. This condition is typical of a will, and not for a gift. This fact will have to be taken into account.
4. Can I cancel a gift on the house or anotheran object? Yes, if under this deal is the sale of property. It is enough to prove that a person simply evades paying taxes for an operation in order to regain ownership.
5. If the transaction is committed under the influence of blackmailor threats. Gift - it 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. In the contract there are no signatures of the parties. 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 is attributed to officials who are able to influence the life of the donor in one way or another.
8. Recognition of one of the parties incapacitated bythe moment of conclusion of the agreement. In order not to wonder whether it is possible to cancel the donation in this way, it is recommended that you attach health certificates at the time of signing the contract. They will confirm the adequacy and sanity 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 agreement can not be canceled but annulled.

The studied processes are actually implemented inlife is quite problematic. After all, the owners have to prove these or other circumstances. Sometimes it's impossible to do this. So, to regain the property does not work.

If we are talking about joint ownership, thenThe basis for the cancellation of the donation transaction is the lack of consent of the other owners for the operation. So, if the wife did not allow her husband to give part of the common property, and the spouse still did it, it is allowed to recognize the transaction as invalid by court.

Death of the donor

Is it possible to cancel a gift for landplot during the life of the donor? Yes. About how to do this, will be told later. First, we will have to understand whether it is possible to recall the current gift agreement after the donor's death.

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 canceling the gift contract during the life of the owner, the relatives, having proved them, will be able to regain certain objects.

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

Limitation of actions

Is it possible to cancel a gift for the apartment of the donor? Yes, this practice takes place in Russia. The main thing is to remember that this process has a statute of limitations.

How much is it? From 1 to 3 years. Usually it is accepted to understand the prescription of treatment for 36 months. After the expiry of this period, cancellation / cancellation of the agreement is impossible, even if there are grounds for doing so.

Cancellation / cancellation instruction

Now it is clear whether it is possible to annul gift money on land and not only. It will not be easy to do this, but a step-by-step instruction will help to translate the idea into reality.

So, to cancel or cancel the gift agreement, you will have to:

1. Choose the basis by which you go to court.
2. Clarify the limitation period for this or that case. As already mentioned, it can not exceed 3 years.
3. Collect evidence of your rightness. This step needs to be given special attention, because the donee will prove innocence.
4. Write a lawsuit with a detailed description of the situation.
5. Submit the statement of claim with the documents prepared in advance to the court. The application is submitted to the local judicial authority for consideration.
6. Participate in the court session and get a decision of the court. It is important to understand that the claim can be delayed for several months.

Perhaps, that's all. If the court decision does not satisfy the plaintiff, he can appeal for appeal to higher authorities. The main thing is to have proof of your rightness.