How To Revoke A Deed Of Gift For An Apartment

Table of contents:

How To Revoke A Deed Of Gift For An Apartment
How To Revoke A Deed Of Gift For An Apartment

Video: How To Revoke A Deed Of Gift For An Apartment

Video: How To Revoke A Deed Of Gift For An Apartment
Video: Gift Deed| Validity| Revocation| Conditional Gift| Stamp Duty| Registration 2024, March
Anonim

It is very difficult to recall a deed of gift to an apartment, because evidence is needed for the contract to be declared null and void. To do this, you need to find violations in the process of drawing up and registering a donation agreement. The law spelled out only a few reasons why a donation agreement can be canceled, article 578 of the Civil Code of the Russian Federation is devoted to this.

How to revoke a deed oft for an apartment
How to revoke a deed oft for an apartment

It is necessary

  • - donation agreement;
  • - a statement challenging the donation agreement to the court.

Instructions

Step 1

The gifted person can return the donated property before the registration and state registration of the donation agreement. The refusal of the gift must be made in writing. If the donation agreement was executed in a notarized form, then the refusal from it should also be notarized

Step 2

After the execution of the donation contract for the apartment and its state registration, the donation contract can be terminated only in the following cases: - if the gifted person makes an attempt on the life of the donor or his family members; represents value for the donor, creates a threat of its loss.

Step 3

In the event of the death of the donor, his relatives and heirs can challenge the donation agreement. The donor himself at any time can challenge the donation contract, for only circumstances known to him. One of the spouses on jointly acquired real estate can dispute the donation contract if the donation contract was concluded without his permission. You can cancel the donation of an apartment if the property is pledged, or third parties have rights to it.

Step 4

Gift agreement gratuitous transaction. The donor must not provide the donor with anything in return for the donated property. In case of cancellation of the donation contract, the thing must be returned to the original owner. To revoke the deed of gift, you can go to court with a claim to terminate the donation agreement. Attach to the claim all documents confirming violations in the process of concluding a deed of gift for an apartment, if any. In court, as a matter of fact, state your demands to withdraw the deed of gift based on your arguments.

Recommended: