Is it possible to revoke a deed of gift for a share in an apartment and terminate the gift agreement? How can I reverse my decision and return the living space?

Is it possible to terminate a gift agreement?

The bases are divided into three types:

general: failure of one of the parties to fulfill obligations, significant violation of the terms of the transaction, etc.;
at the initiative of the donee: voluntary refusal of a gift, causing significant damage to the donee as a result of the transaction, etc.;
at the request of the donor: commission by the donee of a crime against the life and health of the donor or close relatives;
at the initiative of a third party with the participation of the donor in the bankruptcy procedure.

If the parties manage to achieve a peaceful settlement of the issue, it is enough to draw up an additional agreement to the main agreement. If disputes arise, you must go to court.

According to the Civil Code of the Russian Federation, donation is made orally, with the exception of cases when the donor is a legal entity and the value of the gift exceeds 3,000 rubles, or when real estate is transferred as a gift. A written deed of gift will be required here.

Let us consider the conditions and features of termination of oral and written DD in detail.

Termination of an oral gift agreement

During an oral gift, the donor gives the recipient a gift: a car, money, jewelry, valuables. The moment of conclusion of the transaction is the time of transfer.

You can terminate the oral contract immediately after receiving the valuables by refusing them, or returning them after some time. A written refusal by the donee of a gift made orally is not required.

Example:

The man gave the woman a car, information about the new owner was entered into the title independently. The DD was not drawn up in writing. To return the gift, she agreed with the donor and re-registered the car in his name, then he re-registered it.

Features of termination of a gift agreement

According to the law, donation refers to a special series of transactions, which implies some differences in their termination. Despite this, civil law provisions in relation to all such agreements must be followed.

Termination of legal relations is possible in the following categories:

Bilateral termination of the transaction (by mutual consent of the donor and recipient of the property).
Unilateral termination (the same case when the donee refuses to accept such a gift).
Challenging a signed agreement when going to court (only if there are compelling reasons and their evidence).
Invalidity of the agreement (based on the criteria described above).

Grounds for cancellation of a gift agreement

A deed of gift, like any agreement, can be challenged and canceled in court if there are compelling reasons for this. The termination procedure can be initiated by:

donor;
close relatives (heirs) of the donor;
gifted;
court.

The court may consider the gift agreement and terminate it in the event that legal proceedings are opened, during which it was established that the gift deed was not properly executed and does not comply with all legal norms and requirements (the donor was incapacitated, he was forced to sign the agreement, he was misled, found gross mistakes, etc.). Relatives can initiate the cancellation of a deed of gift through the court, both on their own behalf and on behalf of the one who gives it.

Termination of the contract is possible without litigation in the following cases:

the deed of gift has not yet been registered with the state registration authority, and the donee died suddenly;
the object of donation passes back into the ownership of the previous owner in the event of the death of the donee, even if the agreement has already been registered, but this circumstance was provided for by the current agreement;
the recipient of the gift officially refused it;
Gross legal errors were discovered in the agreement.

Cancellation of a deed of gift can be carried out without court even when one of the cases provided for in the agreement as a reason for terminating the transaction occurs. In such a situation, it is enough to contact a lawyer so that he can cancel the agreement.

At the initiative of the donor

In most cases, the initiator of termination of the gift agreement is the donor himself. In this case, the grounds for revoking the deed of gift for an apartment may include:

improper use of the gift by the donee, due to which its condition has noticeably deteriorated or, in extreme cases, the actions of the recipient of the gift can lead to its destruction (to cancel the deed of gift in this case, the former owner needs to present evidence to the court that the gift has no property value for him );
the recipient intentionally caused harm to the health and/or life of the donor or members of his family;
the death of the donee occurred earlier than that of the former owner of the object of the transaction;
as a result of the donation transaction, the financial condition (or health) has significantly deteriorated (for example, a person donated an apartment, and suddenly needed funds for an urgent operation).

At the initiative of the donee

The recipient of the gift can also revoke the deed of gift through the court. This is permitted in the following cases:

the recipient voluntarily, for some reason, refused the gift (after completing the transaction, he learned that the giver would not have a place to live);
The direct heirs of the donee cannot accept the gift as an inheritance if he did not have time to register the transfer of ownership rights to it before his death (therefore, the agreement is canceled and the object of the transaction is returned to the previous owner).

At the initiative of interested parties

Persons interested in its termination also have the right to cancel a deed of gift for an apartment. These include close relatives, dependents of the one who gives, as well as those who have the right to a legal share in the inheritance. They may disagree with the testator’s decision and, after his death, file a lawsuit to review the case and terminate the apartment donation agreement.

Close relatives of the donor may go to court on behalf of the donor during his lifetime if he is the initiator of the termination of the contract. Another reason for interested parties to go to court is the donor’s incapacity at the time of signing the deed of gift.

Grounds for termination of the contract

A gift agreement is a special category of transactions. In order to terminate it, the plaintiff must have compelling reasons provided for by law. general grounds for its termination and special ones apply to legal relations under a gift agreement .

For your information

General grounds include declaring the transaction invalid, special grounds include cancellation of the donation, refusal of the donee to accept the gift, and refusal of the donor to fulfill the contract under conditions specified by law.

The grounds for terminating a real gift agreement appear after its completion , and a consensual one - after its conclusion , but before the transfer of the gift to the donee. Whereas the grounds for declaring a transaction invalid must precede its conclusion, or appear during the signing of the agreement, that is, there must be a violation of the procedure and conditions for concluding a deed of gift.

General grounds for invalidating a transaction

The gift agreement is a two-way transaction . Therefore, to invalidate it, the general grounds provided for in Articles 166-179 of the Civil Code are applied. Article 166 of the Civil Code defines two types of invalid transactions - void and voidable.

Additionally

A transaction that is invalid due to a violation of direct rules of law is void in itself, regardless of whether it is recognized as invalid by the court. A voidable transaction can only be declared invalid by a court decision.

Articles 168-179 of the Civil Code define the general grounds on which any transaction can be declared invalid . Let's consider some of them, as well as other grounds directly related to the conclusion of gift agreements:

An agreement was concluded for show (a sham transaction) or in order to cover up another agreement (a sham transaction>);

At the same time, the parties do not intend to actually create legal relations corresponding to the gift.

An example of a sham transaction may be the desire of an individual or legal entity to avoid confiscation of its property in favor of creditors. In such cases, the debtor enters into an agreement to donate his property to another person whom he trusts, without the intention of actually transferring this property to him.

Article 170 of the Civil Code qualifies such a transaction as void. By virtue of the same article, a gift agreement made to cover a purchase and sale transaction will be void. Most often this is done for the purpose of tax evasion or due to difficulties in selling a share in real estate.

The gift agreement contains a condition for the transfer of the gift to the donee after the death of the donor (clause 3 of Article 572 of the Civil Code);

For such cases, the law provides for the drawing up of a will.

The deed of gift was concluded in violation of the form, content and subject;
An example of a violation of the form of a gift agreement may be its oral conclusion, while the law provides for a written procedure for its conclusion (see the section “Form of the Agreement” above). An agreement in which the specific subject of the gift is not designated will be void (clause 2 of Article 572 of the Civil Code).
The following cannot be subjects of a transaction (Articles 575 and 576 of the Civil Code):
- on the side of the donee - persons who are prohibited from accepting gifts in connection with their professional activities and performance of official duties (civil servants, employees of medical and educational institutions, social services and other persons working in similar organizations);
legal entities engaged in commercial activities in relations with each other.

Attention

A violation of the content of a gift agreement is considered to include the presence of a counter-provision in it, that is, the gift or its promise is conditioned on the fulfillment of any obligation by the donee.

The donation was made by an incapacitated or limited in legal capacity person (Articles 171 and 176 of the Civil Code), or by a citizen who, at the time of the conclusion of the transaction, was in a state that did not allow him to understand and direct his actions;
The contract was concluded under the influence of error (Article 178 of the Civil Code), deception, threat or unfavorable circumstances (Article 179 of the Civil Code).

Termination at the initiative of the donor

Termination of a gift agreement at the initiative of the donor is possible on special grounds that involve the donor’s cancellation of an already executed agreement or his refusal to fulfill an obligation under the agreement of promise. Cancellation of a donation unilaterally by the donor is provided for in Article 578 of the Civil Code in three cases :

if the donee showed malicious ingratitude towards the donor, made an attempt on his life or members of his family and blood relatives, and also intentionally caused him bodily harm;
if the donee treats the donated property in such a way that there is a risk of its irretrievable loss; at the same time, the object of the donation must be significant for the donor and represent great non-property value for him, about which the recipient must be warned;
if the donor survives the donee and this condition is contained in the text of the gift agreement.

For your information

The grounds for the donor’s refusal to execute the deed of gift, according to which the transfer of the gift is promised in the future, are determined by Article 577 of the Civil Code.

As in the case of revoking a gift, they are exhaustive :

if the property or family status of the donor, or his state of health, has changed so seriously that the execution of the contract may adversely affect his standard of living and lead to a significant decrease in it;

At the same time, it is important that these changes occur unforeseenly and during the time after the conclusion of the contract before the transfer of the gift to the donee .

if the donee has committed illegal actions against the donor, which were expressed in the actions described in paragraph 1 of Article 578 of the Civil Code.

Since the donor is not at fault in these circumstances, the law exempts him from compensating losses to the donee (clause 3 of Article 577 of the Civil Code). Termination of the contract, in the event of the donor’s refusal to fulfill it, on these grounds is regulated by Articles 451-453 of the Civil Code.

The legislation provides for another case in which the donor may refuse to fulfill the obligation under the gift agreement before transferring the property to the donee. It is caused by the destruction of the object of donation , its withdrawal from circulation, or a ban on performing any actions with it.

Termination at the initiative of the donee

Termination of a gift agreement unilaterally at the initiative of the donee is possible in the only case when he exercises his right to refuse to accept the gift (Article 573 of the Civil Code). The donee can do this only when the contract contains a promise to transfer the gift in the future and there is a certain period of time between the fact of concluding the transaction and its execution.

Paragraph 2 of this article establishes the rule for making such a refusal, which is as follows:

if the gift agreement was concluded in writing, then the refusal to receive the gift must be executed in the same form;
if the subject of the gift is real estate, which requires state registration of the agreement, then refusal to accept the gift requires state registration.

Termination of a gift agreement by consent

Advice from lawyers:

1. Termination of a residential building donation agreement by mutual consent.

1.1. Perhaps so.

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2. The former spouse, after the divorce after three years, gave the apartment acquired during the marriage to the new wife. Reg. The chamber registered the gift agreement without requesting the notarial consent of the ex-wife. Are there any violations of reg. ward?

2.1. There is no agreement among the list of documents required to register the transfer of ownership. Therefore, there will be no violations in the actions of Rosreestr. But the ex-wife can challenge the deal (if the apartment is joint property). The answer is given based on Russian legislation.

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3. I gave an apartment to my mother in 2020, which I owned for more than 10 years, now I want to terminate the gift agreement by mutual consent, will I pay tax on the sale of this apartment after terminating the gift agreement?

3.1. If through termination, then no. If through giving, then yes you will.

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4. Three years ago I gave my daughter commercial real estate. Is it possible now to draw up an agreement to terminate the gift agreement by mutual consent?

4.1. No you can not. A donation or sale agreement must be drawn up.

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4.2. Hello! The donation can be contested or cancelled. It is not possible to simply terminate a gift agreement. You can give it away. Article 578. 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. At the request of an interested person, the court may cancel a donation made by an individual entrepreneur or a legal entity in violation of the provisions of the law on insolvency (bankruptcy) at the expense of funds related to his business activities within six months preceding the declaration of such a person as insolvent (bankrupt). 4. The gift agreement may stipulate the right of the donor to cancel the gift if he survives the donee. 5. In case of cancellation of the donation, the donee is obliged to return the donated item if it was preserved in kind at the time of cancellation of the donation.

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5. Three years ago I gave my daughter commercial real estate. Is it possible now to draw up an agreement to terminate the gift agreement by mutual consent?

5.1. The recipient has the right to refuse the gift at any time. In this case, the gift agreement is considered terminated. If the gift agreement is registered, the refusal to accept the gift is also subject to registration (Article 573 of the Civil Code of the Russian Federation).

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6. If the recipient and the donor decide to cancel the donation agreement for an apartment (the agreement has been state registered) To cancel or change the Rosreestr registration entry, an agreement to terminate the donation agreement for an apartment by mutual consent or only on the basis of a court decision is sufficient (even if both parties to the agreement agree to everything). Do I need a court decision to cancel the gift agreement for an apartment? Thank you.

6.1. An additional agreement to the contract on its termination is sufficient.

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6.2. You have no dispute. Enter into an agreement to terminate the gift agreement and submit this agreement for registration with Rosreestr.

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7. When drawing up an agreement to terminate, by mutual consent, a donation agreement for an apartment, who pays the state fee, the donor or the recipient? (the recipient wants to cancel the gift agreement) Thank you.

7.1. The law does not regulate this issue, so the parties decide this themselves.

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8. Please, the parties, by mutual consent, decided to cancel the donation agreement for the apartment due to the fact that the sisters cannot confirm the relationship (the birth certificate is lost), the recipient does not want to pay tax. Previously, the agreement passed state registration. Is this possible? If so, what documents must be submitted to the registration authority to cancel the gift agreement, as well as what costs the parties will incur in connection with the termination of the gift agreement. In advance, thank you very much for your answer.

8.1. Certificate of title, previous contract and termination agreement by mutual consent. The state duty will be 2000 rubles.

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9. Is it possible to terminate a gift agreement without a court agreement between close relatives by agreement of the parties?

9.1. By agreement of the parties, any contract can be terminated.

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9.2. Hello. Yes, sure. Good luck to you.

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10. Grandfather gave us ( (two grandchildren from his first marriage) a cooperative apartment, which they purchased together with his wife (second marriage in 1976 to the present) without the consent of the wife. Certificate for the apartment in the name of the grandfather. Now the wife has filed a claim for division of property and termination of the gift agreement. Will she be able to sue for her share and terminate our deal. Thank you.

10.1. Yes, he can sue.

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10.2. It will work out if they did not have a division of property, and the apartment was not transferred from joint property to the personal property of your grandfather.

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10.3. Not everything is so simple, you need to look at the grounds for acquiring property rights in the name of the grandfather; in addition, it is possible that the spouse missed the statute of limitations for challenging the contract. I advise you to come for a face-to-face consultation; only after studying all the documents can you give a complete and accurate consultation.

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11. My ex-husband and our common daughter owned an apartment; he and his daughter each had 1/2 share. According to the gift agreement, he transferred his share in the apartment to another person. The apartment was privatized after the divorce. The daughter is underage. When making the donation, he did not ask my consent, as the mother of our daughter. Is it possible to challenge the transfer of shares to the ex-husband? Thank you!

11.1. Hello! Alas, no.

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12. Free transfer of inseparable improvements made without the consent of the lender (government institution) under an agreement for the free use of premises. Dear lawyers! Please tell me, should this transfer of inseparable improvements be made under a gift agreement? Or is it possible only by one act of acceptance and transfer of premises and inseparable improvements on the day of termination of the contract? Is this subject to VAT?

12.1. According to the act of acceptance and transfer. NDS is not appearing.

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13. Free transfer of inseparable improvements made without the consent of the lender (government institution) under an agreement for the free use of premises. Dear lawyers! Please tell me, should this transfer of inseparable improvements be made under a gift agreement? Or is it possible only by one act of acceptance and transfer of premises and inseparable improvements on the day of termination of the contract? Is this subject to VAT?

13.1. The answer is possible only on a paid basis. Because it goes beyond the scope of consultation. All the best.

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14. How is income tax paid in the event of termination of a gift agreement by mutual consent?

14.1. If termination occurred before registration of the transfer of rights, then personal income tax is not subject to payment.

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15. The following situation arose: a great-niece gave her great-aunt a share in the house. All documents were signed, the grandmother received a certificate of ownership and it turned out that she had to pay a tax of 13% of the amount received as a gift. Is it possible to terminate a gift agreement by mutual consent? And in this case, does anyone need to pay anything other than duties?

15.1. So take the cost indicated in the technical passport of the BTI, it is not high. For a fraction of even less. Maybe you won’t terminate it. Yes, the contract can be terminated by mutual agreement. In writing. Contact us.

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16. Can the ex-wife, after receiving a divorce certificate, register a house in Rosreestr under a deed of gift for her mother, without my consent, and she, in turn, sell it. The house was bought during the marriage, 90% of the funds belonged to the spouse, the three-year period after the divorce did not pass, the common property was not divided.

16.1. It cannot, even if the transaction takes place, you have the right to appeal it, the court will cancel it if the house was purchased during the marriage.

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16.2. She can do anything if you don’t interfere with her and don’t submit an application to the magistrates’ court for the division of jointly acquired property. Most likely, according to the court, the house will go to her, but you will receive your 10 percent of the cost of the house.

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17. Is it possible to conclude an agreement to terminate a gift agreement by agreement of the parties? The donor (grandmother) entered into a gift agreement (with her niece) in exchange for caring for her (of course, this is not provided for by law). And now the recipient, having suffered with his grandmother, wants to cancel the donation. The donor agrees.

17.1. In court - we can help quickly and efficiently. There is no other procedure.

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17.2. No impossible.

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17.3. You can give it back. Contact us, we will help you arrange everything. You don't need any legal proceedings.

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18. I am the owner of 1/3 share of a residential building. The second owner of 2/3, without my consent, purchased and sold his part to a third party without my consent. On this basis, I stopped registering the purchase and sale agreement based on my written application to the registry office. ward I am ready to buy it for the amount specified in this agreement, and the other party now wants to sell its 2/3 share through a gift agreement. Do I have the right to terminate such a gift agreement and how. Thank you.

18.1. Good afternoon Yes, you have the right, unless the second owner sent you a notice of intention to sell his share. In this case, your right to pre-emptive acquisition of property has been violated. Challenge the contract in court.

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19. I have owned an apartment since 2003, last year I gave my apartment to my dad, now for family reasons they decided to return everything back, they wanted to conclude an agreement to terminate the gift agreement by mutual consent. As far as I know, tax is not paid on the sale of an apartment if it has been owned for more than 3 years, as for me the time of ownership of the apartment will be considered, from 2003 or after concluding an agreement to terminate the gift agreement.

19.1. If you terminate the gift agreement correctly, you will again be the owner of the apartment!

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20. Being the sole owner of the apartment, a year ago I gave the apartment to my husband’s sister. This year she received a huge gift tax, she is not able to pay it. And so she refuses the gift. Please help me draw up “Termination of a gift agreement by mutual consent.” Thank you in advance.

20.1. Dear Olga! On this site, within the framework of the question-answer forum, specific legal documents are not drawn up. To draw up a waiver of the gift, you need to contact a lawyer in your city. For a fee, he will help you do this. Sincerely, Natalya Fedorovskaya.

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How to terminate the contract?

Termination of the contract may be based on mutual consent of the parties, if they can agree. Provided that neither the donor nor the donee have any objections, an agreement is concluded between them to terminate the gift agreement. It can be completed independently or with the help of a qualified lawyer. In any case, this document must be certified by a notary.

The agreement must contain the reasons for its termination. If there are several of them, then all the facts must be indicated. The deed of gift data must be included in the text, and in addition to the document, papers must be attached to prove the veracity of the information presented. The agreement is signed by both parties, then a list of annexes is drawn up.

Sometimes the cancellation of a contract after registration is carried out unilaterally, when one of the parties does not agree with the decision of the other. In this case, the procedure takes place in court. To initiate a lawsuit, you need to draw up a statement of claim and collect a package of documents with evidence of violations, which are defined by the Civil Code as grounds for invalidating a gift agreement.

The period for consideration of the case in court may be one month. If the judge decides that the plaintiff's claims are based on legal norms, then both parties are invited to a court hearing. At the end of the meeting, a verdict is issued. If one of the parties does not agree with the judge’s decision, it can be appealed to a higher judicial authority.

What are the deadlines for challenging?

You can challenge a transaction of donating an apartment or other real estate within a period not exceeding three years from the date of signing the agreement. The possibility of invalidating a transaction exists for one year.

If it is proven that the agreement was signed under pressure or threats, the period can be increased to five years. The same time frame applies in the case where the donor has decided to terminate the transaction, and the donee prevents this and deliberately delays the completion of the matter.

If the limitation period is missed, then you will need to provide the court with convincing evidence that the reasons for missing the legal deadline for filing are valid. The court will examine the application and decide whether to renew the term. The period for consideration of a claim depends on the complexity of the issue and the circumstances of the case.

Required documents

Termination of a gift agreement can be carried out in two ways. In case of mutual agreement, the participation of the court will not be required, so it will be enough to ensure the availability of the following documents:

deed of gift;
certificates of ownership of real estate;
passports of the donor and recipient of the property as a gift;
agreement signed by the donor and the donee;
refusal of a gift certified by a notary.

If agreement is not reached, then an appeal to the judicial authorities will be required. This option requires a different set of documents:

statement of claim requesting termination;
gift agreement;
plaintiff's passport;
certificate of ownership;
copies of all specified documents.

Procedure of the trial

The process of terminating a signed donation agreement for an apartment and other real estate can be initiated by the donor or his relatives. To do this, you need to draw up a statement of claim demanding that the transaction be declared invalid.

The reasons for the application may be the circumstances set out in Article of the Civil Code No. 578. The court at the place of registration of the party accepting the gift is authorized to accept the claim.

The application should be accompanied by documentary evidence, certificates, witness statements and other facts confirming the legality of the termination requirements. Before submitting a complete set of documents, the plaintiff pays the state fee. The receipt is also presented to the court.

The judge renders a verdict within five days. If he grants the plaintiff's request, the recipient of the gift is obliged to return the property to the previous owner. If it is impossible to return the property, its value will be refunded.

How to terminate a contract: step-by-step instructions

The revocation of a deed of gift for a share in an apartment means the annulment of the legal consequences of a civil transaction, with the return of property rights to the donor and the deprivation of property rights to the donated item to the new owner of the item. The entire recall procedure fits into a certain algorithm of actions.

It should be taken into account that the owner of the living space is authorized to dispose of his share in the property right at his own discretion; the co-owners of the housing do not have the right to interfere with his decision, preventing this procedure from being carried out. However, they will be required to provide permission for the gift. We talked about whether it is possible to donate a share in an apartment without the consent of other homeowners in a separate article.

First, the authority of the person to revoke the deed of gift is determined. Persons entitled to cancel the deed of gift may be :

Parties to the contract: donor or donee.
Relatives of one of the parties and other third parties whose property rights were violated as a result of the transaction.
Representatives of the parties from among relatives or persons acting on the basis of a notarized power of attorney.

Further, the transaction can be canceled in several ways. The most common are the following :

agreement of the parties to cancel the contract;
filing a protest with a notary office;
through the court.

ATTENTION : During the revocation procedure, the statute of limitations must be observed. The maximum period for resolving a matter in court is 3 years.

If you want to formalize the revocation by agreement, you should take into account that the agreement of the parties is applied at the initial stage, when the counterparties to the contract make a mutual decision to cancel the deed of gift. It is formalized in the form of an addition to the gift agreement, completely canceling previously reached agreements. The legal procedure depends on the nuances of the donation procedure, for example :

If the agreement was not certified by a notary, contacting a notary when terminating it is not required (is it possible to do without a notary when drawing up a deed of gift for a share in an apartment and what needs to be done to formalize it, find out here, and here we told you where you can draw up a deed of gift) . A simple agreement is drawn up.
A notarized contract can be terminated by filing a protest against the conclusion of the transaction to a notary.
In all controversial cases, consideration of the issue of annulment of the legal consequences of donation (restitution) is considered in court.
When a criminal case is initiated against the donee, the deed of gift is revoked by a civil claim within the framework of the criminal case.

If the transaction was certified by a notary, then you need to submit a request to the notary office where the contract was drawn up. In the application, indicate the reasons for revoking the deed of gift, confirming the stated with documents.

Such actions may be based on a technical or legal error. They may also rely on the violated rights of third parties. After submitting the documentation to the notary, the cancellation of the transfer of rights is formalized at the notary's office. If there is no legal possibility, the revocation is issued through the court.

When considering the issue of revoking a deed of gift in court, the step-by-step actions are as follows :

The initiator of the cancellation of the legal precedent approaches the counterparty with a proposal to terminate the contract. The appeal is formalized.
After refusal or lack of consent within one calendar month, a claim may be filed.
If a standard agreement was concluded in a notary’s office, an application for termination of its powers is submitted to the notary (Article 574 of the Civil Code of the Russian Federation). After receiving a reasoned conclusion, with a refusal from the notary, an appeal to the court is allowed.
Having collected the documentation allowing the collection of the cancellation of the legal consequences of the deed of gift, a statement of claim is filed.
The claim is filed in the district court at the place of residence of the defendant, and in the case of a claim for real estate - at the location of the property.
After a court hearing has been scheduled, give testimony in court establishing the legitimacy of the claimant’s claims.
The court decision provides for the cancellation of the deed of gift or the extension of its validity.
If the claim is rejected, an appeal may be filed to the regional court.

ADVICE : An appeal is allowed within 10 working days after receiving an extract from the court decision.

When initiating a criminal case against the defendant, it is first necessary to wait for the investigative materials to be transferred to the court, or for a court decision to admit the guilt of the donee.

If a deed of gift for real estate has been submitted for registration to Rosreestr, but the registration procedures have not been completed, you must submit an application to terminate registration actions. After submitting the issue to the court, extend the validity of the application for 3 months, with subsequent cancellation if the claim is recognized. If registration is completed, then after cancellation of the deed of gift, re-registration is required again.

Termination by law

How to terminate a deed of gift according to law? You can terminate in two ways:

with the voluntary consent of both parties with the involvement of a notary;
without consent - unilaterally, through the court.

Voluntariness of termination

To cancel a deed of gift, you may prefer a voluntary termination procedure. The parties need to draw up an agreement and have it notarized. If the procedure was carried out with registration of the transfer of an apartment or other property into the ownership of a new owner, then the registration must be done again.

If an individual does not agree to accept the object, or the donor refuses to make the donation, then the transaction is canceled after a written statement from the relevant party.

Despite the fact that void transactions theoretically do not need to be recognized as invalid, practice proves that practically no one returns what they received voluntarily. Therefore, even in such a situation one has to resort to the help of the court.

Through the court

The deed of gift can be challenged unilaterally in court. Having legal grounds, the donor has the right to file a claim in a court of competent jurisdiction. These may be the reasons specified in Article 578 of the Civil Code of the Russian Federation, as well as certain special grounds that are determined to be significant for each specific case.

With the help of the court, the issue of the validity and objectivity of the reasons for the possible termination of the contract is resolved, since the parties are not able to resolve the dispute on their own due to different subjective assessments of the circumstances.

Both the parties who entered into them and interested parties have the right to challenge void or voidable gift transactions. For example, if the contract contains a clause according to which the item passes to the new owner after the death of the previous owner, the heirs and relatives of the deceased may challenge this agreement. Such an agreement is considered void, since in such cases it is necessary to draw up testamentary dispositions.

Deeds of gift executed by an incapacitated person or a citizen who at the time of the donation were in a limited capacity are considered invalid.

The procedure for the plaintiff to cancel the deed of gift through the court:

Determine the basis on which the lawsuit will be filed.
Find out the statute of limitations for the gift transaction - it must be more than 3 years.
Collect evidence to substantiate the plaintiff’s case.
Draw up a statement of claim detailing the circumstances of the case.
Submit an application to the local judicial authority along with the relevant package of documents.
Take part in legal proceedings until a final court decision is made.

Filing a claim

Recommendations for drawing up a statement of claim.

Correct execution presupposes that all arguments must be supported by testimony or documents, and the requirements must have legal validity.
Literacy and logic of presentation.
Structure.

This is also important to know:
What is better, a deed of gift or a will for an apartment?

The application must contain the following information:

Parties' data.
Description of the controversial situation.
Evidence-based facts.
List of attached documents.
Date, signature of the plaintiff.

When filing a claim after registration, a state fee of 300 rubles is charged. Also, to represent the applicant’s interests in court, you need to hire a lawyer, the cost of whose services depends on his experience and professionalism.

The court is obliged to accept the filed claim for consideration. But sometimes situations arise when the judicial authority refuses to conduct a trial.

Reasons for refusal:

filing a claim in a court whose jurisdiction does not include consideration of cases on the revocation of a gift;
an incorrectly drafted claim;
unreliability of facts and insufficient grounds for canceling the transaction;
claims will lead to a violation of the law.

How to terminate a gift agreement by agreement of the parties?

The house can be returned to the donor if he provides the court with the results of examinations confirming the possibility of loss of the gift, or if he finds witnesses who can testify to confirm the donor’s arguments.

The donor's health has rapidly deteriorated or serious financial difficulties have arisen.

He may request the return of the gift to improve his standard of living. When the donor presented the gift, he was in great error in relation to the recipient.

The donee has died, and the legal act states that upon the death of the donee, the donated item is returned to the person who gave it. In these cases, the contract can be terminated by issuing an appropriate court order. Cancellation procedure

Package of documents for cancellation of the transaction

Depending on whether the contract is terminated voluntarily or judicially, the list of documents required for the procedure varies. The main set includes the necessary documents:

agreement confirming the fact of donation;
passports of the parties;
certificate confirming ownership of the property;
documented facts of evidentiary nature for trial.

Who can cancel the inheritance and return the living space if the donor dies?

If the donor dies before signing the contract or before completing the registration procedure, the transfer of ownership of the donated item does not come into force. In this case, interested persons from among the relatives of the donor entering into the inheritance can revoke the deed of gift.

In the absence of heirs, the state legally claims the escheated property of the deceased owner, which remains unclaimed by the heirs.

When the death of the former owner occurs after the full transfer of real rights without the fault of the donee, he continues to use the thing or real estate as his own, actually owning it. In this case, revocation of the deed of gift is allowed only under conditions of violation of the inherited interests of the owners or in violation of the documentation procedure.

If the new owner was involved in the death of the donor, a criminal case is opened against him , and the property is subject to restitution. Having been confiscated from the attacker, the donated valuables, as well as movable and immovable property, are transferred to the heirs and are subject to joint distribution in the total inheritance mass according to the standards of Article 578 of the Civil Code of the Russian Federation.

IMPORTANT : Co-owners of an apartment in joint shared ownership have priority in purchasing the apartment only when registering the sale and purchase and cannot interfere with the donation procedure.

On our website we also talked about how to formalize the donation of a share of an apartment to relatives and children, how to correctly draw up a gift agreement for two recipients in equal shares, how much a donation agreement costs from a notary, and what is the amount of state duty and tax when registering a transaction.

Cancellation of donation: difficulties

Controversial situations most often arise when real estate is given for free and it is difficult for the parties to reach a mutually beneficial agreement. Such an agreement can be terminated before the transfer of property in the following cases:

mutual consent of the parties;
refusal of the recipient to accept the gift. In this case, the donor may demand compensation from him for material losses;
the donor's physical health or financial situation has deteriorated significantly.

After the property is transferred to the new owner, termination of the contract is permitted if:

the donee received the gift illegally (deception, blackmail, etc.);
the recipient of the gift treats it carelessly, which may lead to its irretrievable loss;
the gift is not used for its intended purpose.

To cancel the transaction for these reasons, you must go to court.

Fact
If real estate is donated by a relative, then no tax is charged on it.

The process of canceling a deed of gift often ends not in the interests of the donor. The court may refuse to satisfy the claim, since the donee is able to challenge the claim by providing more compelling arguments and facts. Therefore, before presenting property to anyone as a gift, and later asking the question “is it possible to terminate the gift agreement,” you need to carefully weigh the pros and cons.

When can a deed of gift for a share in an apartment be revoked?

Donation is an official civil legal procedure, the purpose of which is to officially transfer the right to an item from the donor to the donee (how to donate your share in an apartment?). Allowed solely on the initiative of the donor in accordance with the provisions of Article 572 of the Civil Code of the Russian Federation .

In this procedure, the person accepting the gift plays a passive role, which consists solely in agreeing to accept the transfer of rights to the offered thing. These legislative standards are basic and apply to both sole ownership of an object and shared ownership.

When donating a share of real estate, entry into ownership occurs only after registration of the deed of gift in the cadastral chamber.

However, after the conclusion of a civil contract, obligations arise between the parties, which call on the counterparties to the contract to fulfill the provisions formulated in the deed of gift.

IMPORTANT : If the points established by the contract are not fulfilled, the deed of gift may be revoked within the limits of the provisions of Articles 573, 575, 576 of the Civil Code of the Russian Federation.

The circumstances under which it is permissible to revoke a deed of gift for a share in an apartment on the part of the former owner may be as follows::

Unfair attitude towards property on the part of the new owner.
Unfair attitude towards the interests of the former owner, and towards the fulfillment of the terms of the concluded agreement.
A gross violation of moral standards towards the donor, including when donating with the condition that the former owner live in the living space alienated by the contract.
Criminal offenses against the health and personal freedom of the former owner of real estate, committed by the person who received the gift.
Any violation of civil law norms for the preparation of documentation by the receiving party (what documents are needed to prepare a deed of gift?). Including the lack of registration of the agreement in Rosreestr.

A citizen entering into ownership rights may revoke his consent to accept real rights to a share in an apartment in the event:

Unlawful counterclaims on the part of the donor.
If the transaction turns out to be imaginary, without the actual transfer of ownership, or if other obstacles are caused that interfere with full-fledged living in the apartment.

If the norms for concluding a transaction or the standards of civil law are violated, restitution is allowed - the return of the property rights of the parties to the state that existed before the conclusion of the transaction.

See more about revoking the deed of gift for an apartment in the video below:

How to correctly file a claim?

Basic rules for drafting:

remember that the claims included in the claim must be confirmed and supported by evidence;
It is not necessary to refer to laws, regulations, indicating certain circumstances in the filed claim, but it will not be superfluous;
the more detailed and logical the information provided in the application, the better;
Each new event should begin with a new paragraph.

The required points of the application are:

personal information of both parties to the case;
a clear statement of the reason for the dispute;
the evidence presented in the case;
list of documents attached to the application;
date and signature of the applicant.

Important! If there are more than two parties to the claim, the application is submitted in the amount corresponding to the number of participants in the process.

Agreement on termination of the gift agreement: sample

A sample agreement is here.

AGREEMENT

on termination of gift agreement No. 7389

St. Petersburg August 26, 2020

Citizen Denisov Konstantin Yurievich, born March 28, 1972, passport (series, number, issued) 8378 No. 843779 issued by the Kirov Department of Internal Affairs of St. Petersburg on March 18, 2009, living at the address: St. Petersburg, st. Februaryskaya, 28 kv.19, hereinafter referred to as the “Donor”, on the one hand, and citizen Arkady Dmitrievich Vavilov, born July 28, 1982, passport (series, number, issued) 8378 No. 998793 issued by the Leninsky Department of Internal Affairs of St. Petersburg 14 February 2008, living at the address: St. Petersburg, st. On March 8th, 32 quarter 8, hereinafter referred to as the “Donee”, on the other hand, hereinafter referred to as the “Parties”, entered into this agreement, hereinafter the “Agreement”, as follows:

Certified by us on July 15, 2020 in the Central State Notary Office of St. Petersburg under register No. 7373/24, a contract of donation of a car brand Toyota model Yaris, 2014, state license plate C761HX, Hatchback body, chassis 49JN937293NNVW34, engine 7G73, We terminate with our mutual consent.
At the time of signing this agreement, the Donee transfers to the Donor the Toyota Yaris car received under the above agreement.
The costs associated with the termination of the gift agreement are borne equally by the parties.
A copy of this agreement is kept in the files of the Central State Notary Office of St. Petersburg at the address: St. Petersburg, st. Gagarina, 38/2 and a copy is issued to each of the parties.

Agreement on termination of the gift agreement: form

The agreement form is here.

AGREEMENT

on termination of gift agreement No. _____

____________________ ___________________________“___” ______________ _______

Citizen ________________________________________, passport (series, number, issued) _______ ______________ _________________________________________ ______________, residing at the address ________________________________________, hereinafter referred to as the “Donor”, on the one hand, and citizen ________________________________________, passport (series, number, issued) _______ ______________ ________________________________________ ______________, residing at the address __________________________________________, hereinafter referred to as the “Donee”, on the other hand, hereinafter referred to as the “Parties”, have entered into this agreement, hereinafter referred to as the “Agreement”, as follows:

The donation agreement for a car brand ______________ model ______________, _______ year of manufacture, state license plate ______________, body ______________, chassis ______________, engine ______________, certified by us “___”______________ _______ in the ______________ state notary office according to register No. _______, with our mutual consent we terminate.
By the time of signing this agreement, the Donee transfers to the Donor the car received under the above agreement ______________.
The costs associated with the termination of the gift agreement are borne equally by the parties.
A copy of this agreement is kept in the files of the ______________ state notary office at the address: _________________________________________ and a copy is issued to each of the parties.

DETAILS AND SIGNATURES

Donor

Registration address: ______________________________
Mailing address: ______________________________
Phone fax: ______________________________
Passport series, number: ______________________________
Issued by: ______________________________
When issued: ______________________________
Signature: ______________________________

donee

Registration address: ______________________________
Mailing address: ______________________________
Phone fax: ______________________________
Passport series, number: ______________________________
Issued by: ______________________________
When issued: ______________________________
Signature: ______________________________

Termination of deed of gift by agreement of the parties

This option is suitable for those parties who have decided to cancel a previously completed transaction. Moreover, both parties equally desire this and agree to return the property to its previous owner. Moreover, such termination is possible only after the deed of gift for the apartment has been registered with Rosreestr. It will not be possible to complete a termination transaction by agreement in the absence of either party. For example, when one of the parties is declared missing. In this case, the controversial situation will be resolved only in court.

In other words, in such a situation, registration is required in the following order:

The parties sign a voluntary agreement in which they renounce the gift transaction. This agreement is registered with a notary.
The agreement is presented to Rosreestr as a basis for re-registration of property rights.

Download the agreement on termination of the apartment donation agreement (sample/form)

You can go this route, or go through the standard donation procedure, only this time the donor and recipient switch places. It is best to consult an experienced lawyer specializing in real estate transactions on exactly what to do in this competitive case.

Agreement on termination of the apartment donation agreement

The agreement form is here.

AGREEMENT

on termination of the apartment donation agreement

__________________ ______________ (date in words)

We, ______________________________________________________________, residing in __________________________________________________________ and _______________________________________________________________, residing in _______________________________________________________________, have entered into this agreement as follows:

1. Certified by us “___”_______20___. in the ______________________ state notary office according to the register N_______, the contract of donation of an apartment located at the address: ___________street _________________, no.___, with a total area of __________, with our mutual consent, we terminate.

2. I, _________________________________________________________________ at the time of signing this agreement, transfer to my brother_______________________________________________________ the apartment _________________ received under the above agreement.

3. We bear the costs associated with the termination of the gift agreement equally.4. A copy of this agreement is kept in the files of the _______________ state notary office at the address: ______________________ and a copy is issued gr. ___________________ and gr.____________________

Signatures of the parties

___________________

Certification inscription of the state notary office

How to terminate a gift agreement by mutual consent?

Since the acceptance of a gift may be associated with the need to carry out certain actions to transfer ownership, until the completion of these actions the gift is not considered accepted and the donee retains the right to terminate the contract (Art.

If the parties to the agreement do not agree on this matter, then one participant can challenge the donation in court by filing a claim. This can be done within 3 years from the period when the grounds for cancellation of the donation agreement arose.

573 Civil Code of the Russian Federation). If the gift is accepted, then the contract is considered fulfilled, since the parties have fulfilled their obligations: the donor - by transferring the gift, the donee - by accepting it. Refusal of an already accepted gift is not possible; the law does not provide for the possibility of unilateral refusal of part of the gift. In this case, one should speak not of a unilateral refusal to fulfill the contract, but of a change in its terms.

However, by virtue of Art. 450 of the Civil Code of the Russian Federation, a change in the contract is possible only by agreement of the parties; refusal to accept a gift is possible only upon the conclusion of a consensual gift agreement, which contains the obligation of the donor to transfer the gift in the future.

In this case, at any time from

Conditions under which termination or cancellation of an apartment donation agreement is possible, and judicial practice in such cases

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. In civil law there are reasons for declaring a transaction invalid that are common to all property:

the legal rights of relatives or the donor have been violated; the transaction was concluded with violations of a moral or ethical nature; the transaction is recognized as fictitious, imaginary; one of the parties to the contract is declared incompetent by a court decision; ; For a minor, the contract was concluded not by the legal representative, but by a third party, and so on.

It is possible to terminate an apartment donation agreement both at the initiative of the donor and the recipient.

Thus, at the request of the donor, it can be terminated in the following cases:

The recipient of the gift treats the apartment in such a way that there is a threat of damage or loss of the property.

State fees, legal services

A claim for termination of a deed of gift requires payment of a state fee in the amount of 300 rubles. When filing a claim, a payment receipt should be included in the package of documents.

The need to involve a notary or legal organization is not established by law. However, given the complexity of such cases, resorting to such services is more than advisable and significantly increases the chances of a favorable resolution of the issue.

When choosing a lawyer, you should proceed from his experience in handling similar cases. The cost of legal services depends on the professionalism and experience of the specialist.