Is it possible to challenge a deed of gift in 2021: during the life of the donor, for an apartment, house, land plot

Author

Sergey Ershov

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

Your father gave the apartment to his girlfriend, and she put him out on the street after a couple of years. In this article I will tell you whether it is possible to challenge a deed of gift during the life of the donor and who can do this. You will find out on what grounds it is possible to invalidate a gift agreement and what course of action the interested party should follow.

What is a deed of gift and how to make sure it is drawn up correctly

A gift agreement (deed of gift) is a transaction under which the donor, free of charge, transfers or undertakes to transfer into ownership of the donee an item belonging to him, a property right, or release him from a debt - Art. 572 of the Civil Code of the Russian Federation.

A contract can only be concluded during the life of the donor. The condition of donation after death is void. The transaction is considered concluded from the moment the donor transfers the thing to the donee - Art. 224, 433, 574 Civil Code of the Russian Federation.

An important requirement for this transaction is that it is free of charge. When the text of the agreement contains provisions according to which the donee must give something to the donor in return, this indicates the absence of a gift.

The agreement can be concluded orally. Written form is required when - Art. 574 Civil Code of the Russian Federation:

Real estate is given as a gift - in this case, state registration of the transaction is also required.
The transaction contains a provision for a gift in the future.
The donor is a legal entity, and the value of the gift is above 3 thousand rubles.

If the car donation agreement is concluded orally, then the personal presence of the donor will be required to re-register the vehicle as the property of the donee.

The deed of gift must contain essential and additional conditions. Essential conditions are those mandatory rules, in the absence of which the transaction may be declared invalid. Additional - included in the text at the request of the parties.

The essential (mandatory) conditions of the gift agreement also include a detailed description of the subject of the transaction - Art. 432 of the Civil Code of the Russian Federation. When an apartment, house or land is used as a gift, the following must be indicated:

Characteristics - area, number of rooms, number of floors.
Cadastral number.
Property location address.
Type of property right.
Presence/absence of encumbrances.

And also the text must include:

FULL NAME. or names of the parties.
Passport details, TIN.
Residence or registration address/legal address.
Contact information.

As additional conditions in the contract, it is advisable to provide for the possibility of returning the item of donation. If the donee dies before the donor, in the absence of such a clause, returning the donated item will be problematic.

Is it necessary to notarize the deed of gift?

The legislation does not contain a requirement for mandatory notarization of a gift agreement. The parties to the transaction have the right to independently decide whether to contact a notary or not.

On the one hand, notarization entails additional financial costs. On the other hand, it can protect the parties from recognizing the gift agreement as invalid in some cases. Accordingly, it will be more difficult to challenge a transaction certified by a notary.

For example, the likelihood of canceling a notarized deed of gift due to the incapacity of the donor or as being made under duress is negligible. Since the notary checks the legal capacity of the parties to the transaction, and also makes sure that they act voluntarily and are aware of the consequences of their actions.

When filing a claim in court to invalidate such a transaction, you need to be prepared for the fact that a notary may appear in court. Where he will testify as to how the deal was concluded.

Important! If the donor has not contacted a notary to allocate a share in the property (when the subject of the donation is only a part of the property), such a transaction may be challenged.

Legislative framework in 2021

In jurisprudence, a gift agreement or deed of gift is usually called an agreement according to which the object of the transaction and the ownership of it are transferred free of charge from one party (the donor) to the other (the donee). The procedure for completing a transaction, requirements for drawing up a document and other nuances associated with this type of alienation are regulated by the Civil Code of the Russian Federation, namely Chapter 32 .

Due to the unique features of the deed of gift, which we will discuss below, very strict requirements are imposed on it. For example, such an agreement cannot be executed for a minor citizen, and in the case of donating a share in an LLC, a notary must participate in the procedure.

That is why any violation of established requirements may serve as grounds for cancellation of the transaction.

What are the grounds for challenging a deed of gift?

The contract may be challenged if the conditions listed in Chapter 32 of the Civil Code of the Russian Federation are not met. In addition, the provisions of the Civil Code of the Russian Federation on the invalidity of transactions also apply to it.

Let us consider in more detail in which cases it is possible to challenge a gift agreement during the life of the donor:

Failure to comply with the conditions on the form and procedure for concluding a transaction - lack of mandatory written form and/or state registration.
Committed by a minor - Art. 172 Civil Code of the Russian Federation, art. 175 of the Civil Code of the Russian Federation.
The donor did not have the right to dispose of the subject of the gift - when there are no title and title documents for the property, or they were declared invalid.
The subject of the donation is property, the disposal of which is prohibited or limited - such a prohibition must follow from the law, including bankruptcy legislation, or be established by a court - Art. 174.1 of the Civil Code of the Russian Federation. The donee can be recognized as a bona fide purchaser if he proves that he did not know about the prohibition.
Lack of consent of the spouse to complete the transaction - if the object of the donation is jointly acquired property in accordance with Art. 35 IC RF.
An imaginary transaction - when there was actually no donation. For example, the agreement was concluded to avoid foreclosure on the apartment for the debts of the donor.
A sham transaction that was made to cover up another transaction - Art. 168 Civil Code of the Russian Federation. For example, a deed of gift was drawn up in order to conceal the actual purchase and sale of property.
The agreement was signed by an unauthorized person or made under a false power of attorney - the authority to enter into a gift agreement must be clearly stated in the power of attorney, indicating the subject of the gift and the donee. A power of attorney executed without complying with the specified requirements is void - Art. 576 of the Civil Code of the Russian Federation.
The donor was deprived of legal capacity or limited in it at the time of conclusion of the contract - Art. 171, 176 of the Civil Code of the Russian Federation.
The donor, being legally capable, did not understand the meaning of his actions - Art. 177 Civil Code of the Russian Federation. For example, he has a disease that affected his condition in such a way that he could not be aware of what was happening. Or the person was intoxicated or under the influence of drugs.
The donation was made under the influence of error - Art. 178 Civil Code of the Russian Federation. For example, a person did not understand that after registering a deed of gift for his brother, his children would not be able to live in the apartment.
The agreement was concluded on unfavorable terms for the donor. For example, the subject of the donation was a single home.
Registration of a deed of gift under the influence of deception, violence, threat - Art. 179 of the Civil Code of the Russian Federation.
The transaction contains additional conditions - with the exception of the period for transferring rights to property and the ability of the donor to receive back the item of gift after the death of the donee. Read more about the conditions that cannot be included in the deed of gift in the next section.
The donee is a person who is prohibited by law from accepting a gift - Art. 575 of the Civil Code of the Russian Federation.
The transaction was concluded in violation of the conditions for limiting donations - Art. 576 of the Civil Code of the Russian Federation.

Sample statement of claim for invalidating a sham transaction (DOC, 16 KB)

What additional conditions affect the validity of the transaction?

A gift agreement is void if the text of the document contains at least one of the following additional conditions - Art. 572 Civil Code of the Russian Federation:

Transfer of real estate to a second party after the death of the donor. In this case, the rules of inheritance apply to the property, i.e. it is included in the estate and is subject to distribution among the legal heirs of the deceased.
The obligation of the donee to provide the donor with material support for life or for a certain period. In this case, the agreement is not recognized as a donation, but is a sham transaction - clause 2 of Art. 170 Civil Code of the Russian Federation.

Who cannot be the recipient

You can challenge a deed of gift if the recipient of the gift turns out to be:

An employee of medical, social institutions, educational organizations and organizations for orphans - i.e. the donor is in them for treatment, education or maintenance.
The legal representative in relation to the property of minors and citizens recognized as incompetent - these include parents, adoptive parents, guardians, trustees, etc.
A civil servant in connection with his official position and official duties.
Commercial organization - when the donor is also a commercial organization.

The above conditions do not apply if the value of the gift does not exceed 3 thousand rubles.

In what cases is donation limited?

A deed of gift can be challenged when the donor, when concluding the transaction, did not comply with some of the conditions provided for in Art. 576 Civil Code of the Russian Federation:

There was no consent of the property owner to complete the transaction - for example, the subject of the gift belonged to a legal entity with the right of economic management or operational management. The exception is gifts of small value.
The consent of all owners was not obtained - if the object of the gift was in common joint ownership.
The procedure for transferring the creditor's rights to a third party, as provided for by the Civil Code of the Russian Federation, has not been observed - when a deed of gift transfers the right of claim belonging to the donor to another person.

The requirements of paragraph 1 of Art. 313 of the Civil Code of the Russian Federation or Art. 391 of the Civil Code of the Russian Federation - in cases where the subject of the agreement was the fulfillment of obligations for the donee or the acceptance of his debt obligations.

Is there a difference between declaring a deed of gift invalid and terminating it?

It is necessary to distinguish between such institutions as the invalidity of a contract and its termination.

When a deed of gift is invalid

A transaction made in violation of the law is considered invalid. For example, the form was not followed, the party did not understand the meaning of their actions, there were facts of threat and coercion when concluding a deed of gift.

Such a transaction does not entail legal consequences and is invalid from the moment it is completed. The sides return to their original position, i.e. are obligated to return everything they received under the contract.

When is an invalid transaction voidable and when is it void?

You can challenge a deed of gift in court on the grounds established by law - this is a voidable transaction. Such grounds may include the circumstances listed above in paragraphs 10 - 13. For example, when the donor did not understand the meaning of his actions or the donation was made under threat.

The transaction is void in cases expressly provided for by law. For example, if it was concluded by an incapacitated person, or when there was a prohibition or restriction on the disposal of property, an imaginary or feigned transaction.

If a transaction is made by a person declared incompetent due to a mental disorder, it is void. The parties are obliged to return everything received under the contract. Or reimburse the cost of the property if it is impossible to return it in kind.

When a transaction is declared invalid because it was made as a result of a mistake, the following procedure applies. The party that initiated the legal proceedings is obliged to compensate the other party for actual damages. For example, return the money that the recipient spent on maintaining the donated apartment.

The exception is when the other party knew about the misconception or contributed to it in some way. In such a situation, the donor has the right to demand compensation for losses.

Is it possible to terminate a deed of gift?

Only a valid transaction can be terminated or cancelled. Those. committed in accordance with the requirements of the law by legally capable persons who were aware of the consequences of their actions and had the right to dispose of the subject of the donation.

This requires mutual consent of the parties to the transaction. Termination of the contract is carried out in the same form as its conclusion. For example, if the deed of gift was notarized, then the termination should also be formalized.

Is it possible to sue a deed of gift for an apartment, house, car or land during the life of the donor?

If any of the above grounds exist, you can sue for a deed of gift for a house, apartment, land, or car.

What violations may affect the validity of the apartment donation agreement?

Most often, a deed of gift for an apartment is disputed when:

There is no notarized consent of the spouse to complete the transaction - if the apartment was acquired during marriage. The exception is cases when a marriage contract was concluded between the spouses. Under the terms of which the consent of the other spouse for transactions is not required.
The consent of all owners was not obtained - if the donated apartment was jointly owned by several persons. For example, Vladimir and his brother inherited an apartment from their father. Vladimir issued a deed of gift for an apartment in the name of his friend without his brother’s consent. In this case, the brother has the right to challenge the deed of gift for the apartment during the life of the donor.
A share in the apartment was not allocated - if this part was the subject of a donation agreement. Since the owner can only dispose of that share in the property that belongs to him.
There is no consent of the creditor to conclude a transaction - when the property donated was pledged to a bank or other person.

The agreement under which a non-privatized apartment was donated may be challenged. Since the property does not belong to the donor and he, in turn, has no right to dispose of it.

There are often cases when an apartment donation agreement covers a purchase and sale transaction in order to avoid paying tax. Since personal income tax in the amount of 13% of the cadastral value of housing is not charged if the agreement is concluded between close relatives - Art. 217 Tax Code of the Russian Federation:

Spouses.
Parents and children, adoptive parents and adopted children.
Grandfathers, grandmothers and grandchildren.
Full and half brothers and sisters.

In this case, it is disputed as a sham transaction.

Is it possible to challenge a deed of gift for a house?

You can challenge a deed of gift for a house in the same cases as a deed of gift for an apartment.

In addition, a donation that provides for the alienation of a land plot without buildings and structures located on it violates the requirements of paragraph 4 of Art. 35 ZK KR. That in accordance with Art. 168 of the Civil Code of the Russian Federation entails the nullity of the concluded transaction.

Is it possible to challenge a deed of gift for a car?

You can challenge a deed of gift for a car on almost any of the above grounds. But if the deed of gift was oral in nature, then it will be more difficult to recognize it as invalid.

For example, the donor gave a car in words and at the same time ignores the recipient’s requests to be present at the registration authority and refuses to give consent to re-register the vehicle. And the recipient of the gift has already invested more than 100 thousand rubles in repairing the car. In order to challenge a transaction, you first need to prove the fact of its conclusion.

Is the deed of gift contested or not after the death of the donor?

Relatives of the donor are often interested in whether the deed of gift is disputed or not after his death. Successors or other persons can challenge the gift agreement on almost any of the above grounds. But only if there is appropriate evidence.

Naturally, the donor himself will no longer be able to do this. Also, he will not be able to cancel the donation under Art. 578 Civil Code of the Russian Federation.

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.

Is it possible to challenge a gift agreement for a child?

You can challenge a deed of gift for a child in the absence of the consent of his parents to complete the transaction - Art. 26 KR RF. Such a document is necessary even if they are divorced at the time of concluding the contract and are not deprived of parental rights.

This requirement does not apply to gifts of small value. And also cases when the object of the gift is not real estate and the agreement is not subject to state registration.

If a share in property is transferred to a child in a transaction, the lack of notarization affects its validity.

Cancellation of the transaction by the donor

In some cases, the owner of the gift himself has the right to challenge (cancel) the transaction (agreement), namely:

in the event of the death of the person who received the gift;
the gift is not used or maintained properly (not for its intended purpose: in the form of a warehouse, bar, brothel, etc.);
a tentative (attempt) was made on his life and health by the new owner.

This issue can be resolved exclusively by filing a claim with a judicial authority. The former owner of the gift must provide undeniable evidence of the above reasons (Article 578 of the Civil Code).

Download a sample statement of claim to invalidate a gift agreement (60.5 KiB, 382 hits)

Who can challenge a gift agreement?

The parties may voluntarily enter into a written agreement to terminate the gift agreement. However, if one of them avoids signing the document, they will have to go to court.

If there are appropriate grounds, the deed of gift may be challenged by:

Donor.
The donee.
Relatives of the donor in some cases.
Third parties whose interests are violated as a result of the transaction - creditors, mortgagees, bank.

How can a donor challenge a deed of gift?

The donor can challenge the gift agreement on almost any of the grounds listed above.

When is it possible to cancel a donation?

In relation to deeds of gift, the legislation contains such a concept as cancellation of donation - Art. 578 Civil Code of the Russian Federation. The donor cannot simply terminate the concluded agreement unilaterally. The grounds for cancellation are:

Commitment by the donee of an attempt on the life of the donor, his relatives or family members.
Intentional deprivation of life of the donor by the donee - the right to revoke the donation in court belongs to his heirs.
The recipient's handling of the gift creates the threat of irretrievable loss of the subject of the agreement when it represents great non-property value for the donor.
Concluding a transaction in violation of bankruptcy laws and within 6 months preceding the declaration of the donor as insolvent - when the donor is an individual entrepreneur or legal entity.

Cancellation of a gift is also possible in cases where the donor has outlived the donee. However, a provision regarding this must be contained in the contract. In the absence of such a provision, the donor will have to go to court in order to return the donated item. If the court refuses, the object of the gift will pass to the heirs of the donee.

In the article on the procedure for canceling a gift (How to cancel a gift agreement in 2021 - detailed description and instructions) I will tell you in more detail about who can do this and in what cases.

The donor may refuse to fulfill a transaction that contained a condition on the transfer of the thing to the donee in the future or on release from property obligations - Art. 577 Civil Code of the Russian Federation.

This is possible in the case when the health, family or property status of the owner has changed in such a way that the execution of the transaction will lead to a decrease in his standard of living.

How can the donee challenge the deed of gift?

In addition to the grounds described above for challenging a transaction, the donee has the right to refuse the gift before the donated item has been transferred to him - Art. 573 Civil Code of the Russian Federation. In this case, the refusal must be made in the same form as the deed of gift.

For example. The donation agreement was drawn up in writing and notarized - the refusal is formalized in the same way. In this case, the transaction is considered terminated.

Important! The donee has the right to recover compensation from the donor if he suffered significant material or property damage resulting from a deficiency in the donated item. In this case, it is necessary to prove that the owner of the thing knew about its defects, but did not warn the other party to the transaction.

Can relatives sue a deed of gift during the life of the donor?

When the transaction is concluded in compliance with all legal requirements and is completed in the proper form, and the donor has not been deprived of legal capacity or limited in it, the heirs do not have the right to challenge the deed of gift during the life of the donor.

This is due to the fact that they are not a party to the transaction. And the donor, as the owner of the gift, has the right to independently dispose of the things belonging to him.

However, in some cases, a daughter, son (including children from a first marriage and illegitimate), spouse, sister and other relatives can challenge the deed of gift:

The subject of the transaction is jointly acquired property - the absence of a notarized consent of the spouse to conclude a gift agreement gives this party the right to go to court.
The donor is limited in legal capacity - in this case, the trustee can act as a party to the dispute if his consent to the transaction has not been obtained.
The donor was deprived of legal capacity at the time of conclusion of the contract - relatives have the right to challenge the deed of gift, if there is appropriate evidence (court decision on deprivation of legal capacity, medical report).
The deal was concluded under pressure or using threats - the donor’s relatives can also go to court and present evidence that such actions took place.

Which third parties have the right to challenge the deed of gift?

Third parties who can judge the deed of gift mean:

Legal representatives of an incapacitated person, a person with limited legal capacity, or a child who has entered into a transaction - parents, guardians, trustees. In some cases, guardianship authorities and the prosecutor's office can represent the interests of such citizens.
Bank - can challenge a transaction when the property was transferred under a gift six months before the start of bankruptcy in relation to the donor. The financial institution has the right to appoint a representative who will deal with this issue.
Creditors, pledgees - when the subject of the gift was pledged or served as another type of security for the fulfillment of monetary or other obligations of the donor.

Does the recipient have the opportunity to return the home to the donor?

The recipient has the right to return the donated housing. This procedure can be carried out using two methods:

registration of a deed of gift for the former owner;
execution of a written agreement to cancel the deed of gift.

If the gift agreement is certified by a notary, the cancellation agreement will also need certification.
The state will also have to be held. registration of contract cancellation. If the recipient decides to return the apartment, the donor must first be notified about this. In general, the law indicates the existence of the right to refuse a gift before the documents have been executed. Otherwise, it will not be possible to resolve the issues presented unilaterally.

Let's consider the stages of the recipient's recommended actions in the presented situation:

Go to the notary who certified the contract.
Submit the required package of documents.
Draw up a new deed of gift for the former owner or an agreement to cancel the old one.
Register a new document in Rosreestr.

Regardless of whether a new deed of gift or a cancellation agreement is drawn up, both parties must be present during this procedure. Sometimes permission may also be required from the persons living in the apartment.

If the recipient wishes to return the home to the former owner, it is better to draw up a standard deed of gift. The law does not establish the form of an agreement to renounce a gift. For this reason, a free form of its design is possible.

This agreement must contain the following information:

Full name of the parties.
Subject of design.
Details of the contract that needs to be cancelled.
Characteristics of the apartment.
Procedure for compensation of transaction costs.
Signatures of both parties.

The agreement may also contain other information. An application for registration of ownership rights can be signed by filling out the form provided by the registering organization.

What are the deadlines for challenging a deed of gift?

In accordance with Art. 181 of the Civil Code of the Russian Federation, the limitation period is:

3 years - to invalidate a void transaction. For example, there was a ban on disposing of a house, but the donor still entered into a gift agreement.
1 year - to invalidate a voidable transaction. For example, a husband did not obtain his wife’s consent to donate an apartment purchased during marriage.

In the first case, the specified period begins to run from the moment when the execution of the contract began. And for the plaintiff, who was not a party to the transaction - from the moment when he learned or should have learned about the beginning of its execution.

In the second case, the limitation period begins to run from the moment when the plaintiff became aware of the circumstances that constitute the basis for declaring the deed of gift invalid. For example, during a divorce, a wife learned that her husband had given a car purchased during marriage to his friend. From this time the calculation of the limitation period begins.

Or from the day the violence or threats ceased, if the deed of gift is contested on this basis. This means that if, for example, seven years have passed since the date of conclusion of the contract, then you have a chance to challenge the transaction.

The plaintiff may ask the court to restore the missed period, for example, due to serious illness. But even for the restoration of missed deadlines, there is a time limit, which is 10 years from the date of commencement of execution of the contract - Art. 181 Civil Code of the Russian Federation.

An exception is possible if third parties file a claim in court to declare the transaction illegal. The period for this is 1 year, the calculation of which begins from the moment the relevant circumstances become known to the applicant.

Important! If the parties to a proceeding do not declare the application of the limitation period, the court does not have the right to do so on its own initiative.

Where to start, where to turn?

First of all, it is worth informing the previous owner of the property about your intentions - after all, you can refuse only until the moment of accepting the gift, and then you will have to coordinate all questions on this topic with the donor.

Then you need to find out where to go, what package of papers to prepare.

The agreement to cancel the deed of gift is drawn up by a notary.

It is best to contact the same office that drew up the deed of gift. If the latter has not been certified by a notary, then the agreement canceling it does not need to be certified.

Drawing up an agreement yourself will save time and a lot of money, and if the intervention of a notary is required, then it is worth adding a clause on the division of registration costs between the parties.

How to challenge a deed of gift during the life of the donor

Challenging a gift agreement is not an easy procedure, requiring the applicant to carefully prepare and collect the necessary evidence. In order to challenge a deed of gift for a house or a car, you can follow the following procedure:

Collect evidence.
Prepare a statement of claim.
Pay the state fee.
Send copies of the application and attachments to all parties to the dispute.
File a claim in court and participate in the trial.

What supporting documents must be submitted to challenge the deed of gift?

Attracting witnesses can be one of the means of proof.
The process of preparing evidence must be approached very responsibly. The burden of proof falls on the applicant. The submitted documents must confirm that during the conclusion of the transaction, violations were committed that affected the validity of the deed of gift.

Such evidence may include:

Results of examination of the mental state of the donor.
Extracts from medical documents.
Receipts or bank statements confirming the transfer of money during the donation period.
Judicial acts on deprivation/limitation of legal capacity, conviction against the donee for committing a crime against the donor, etc.
Documents confirming that the subject of the gift was the joint property of the spouses - when consent to the transaction was not received.
Facts indicating that the donor does not have the right to dispose of the subject of the gift - extracts from the Unified State Register of Real Estate, a purchase and sale agreement where another owner is indicated, etc.
Data from law enforcement agencies - if the donor or his relatives contacted the police regarding threats and intimidation before making a transaction.
Certificates from the traffic police about the owners of the vehicle, deregistration and registration - if the subject of the contract was a vehicle.
Testimony of witnesses.
Video and audio recordings confirming the validity of the stated requirements.

This list is not exhaustive. The evidence base will be formed based on the specific grounds that served as the reason for going to court.

Which court should I go to to challenge the deed of gift?

This category of cases is considered by district courts.
A statement of claim may be sent to court:

At the location of the land plot, residential or non-residential premises, when these objects acted as a gift - within the framework of exclusive jurisdiction in accordance with Art. 30 Code of Civil Procedure of the Russian Federation.
At the place of residence or location of the defendant, for other objects of donation - Art. 28 Code of Civil Procedure of the Russian Federation.

The parties to the gift agreement can also provide for a court that will hear the case in the event of a dispute. If such a condition exists, the statement of claim is sent to the judicial authority specified in the contract.

What is the cost of state duty

The amount of the state duty depends on the value of the thing that is the subject of the gift, and consists of a fixed amount and interest in accordance with Art. 333.19 Tax Code of the Russian Federation:

For claims up to 20 thousand rubles. - 4% of the value of the property, but not less than 400 rubles.
For claims from 20,001 to 100 thousand - 800 rubles. and 3% of the amount over 20 thousand rubles.
For claims from 100,001 to 200 thousand - 3,200 rubles. and 2% of the amount over 100 thousand rubles.
For claims from 200,001 to a million - 5,200 rubles. and 1% of the amount over 200 thousand rubles.
For claims over a million - 13,200 rubles. and 0.5% of the amount over 1 million rubles. But no more than 60 thousand rubles.

How to file a claim

The statement of claim is drawn up in writing in accordance with the rules provided for in Art. 131 Code of Civil Procedure of the Russian Federation. It must indicate:

Name of the court and its location.
Data of the parties (full name, personal and passport data, place of residence).
Date and place of signing of the deed of gift.
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 challenging a gift agreement.
The final request is to recognize the transaction as invalid and apply the consequences of invalidity of the transactions.
List of documents attached to the claim.
Date of application.
Applicant's signature.

In addition to the collected evidence, the following must be attached to the statement of claim:

Identification document of the applicant.
Postal documents on sending copies of the statement of claim to the parties involved in the case.
Receipt for payment of state duty.

Sample statement of claim to invalidate a gift agreement made by a person who does not understand the meaning of his actions (DOC, 16 KB)

How much time and money will it take for registration?

Typically, the application is processed within 7 working days. But the parties will learn the date of receipt of the documents only after an employee of the registration authority accepts all the prepared documents and writes a receipt for their acceptance.

If there was an independent application to Rosreestr, the payment for state registration will be 2,000 rubles.

For the fact that the certificate will be redone, they will ask for 200 rubles.

The notary will ask for 3000-7000 rubles for his services, plus payment for technical work will be 5000-8000 rubles.

The state fee in case of using the services of a notary will be 0.5% of the transaction value, but not less than 300 and not more than 20,000 rubles.

What to do after the court has declared the deed of gift invalid

The applicant must receive a court decision that has entered into legal force. When the plaintiff’s demands to recognize the deed of gift as invalid have been satisfied, the defendant will be required to return the item received as a gift.

If the subject of the gift agreement was real estate, the plaintiff must re-register ownership through the MFC or Rosreestr. For this you will need the following documents:

A judicial act that has entered into force.
Passport.
Receipt for payment of state duty - 2 thousand rubles. for individuals and 22 thousand rubles. for legal entities.

In cases where the donee prevents the execution of a court decision (does not return the item received, refuses to hand over documents for the property), the applicant has the right to apply to the FSSP for forced execution of the judicial act.

To do this, you need to obtain a writ of execution by writing a corresponding application to the court that made the decision on the case. In the application, you can immediately request that a writ of execution be sent directly to the FSSP.

The nuances of refusing a gift

Cancellation of a deed of gift has some nuances:

If two spouses become owners of an apartment after registering a deed of gift, an agreement from each spouse to renounce the gift will be required. But this is not always easy to achieve.
A notary can provide assistance in completing the refusal, which will help avoid mistakes. However, there are not so many notaries who have experience with cases of abandonment of a donated apartment.
Despite the fact that a gift is considered a gratuitous procedure, payment of tax is required, except in situations where the parties are close relatives.
When canceling the contract, only notary services and state fees are payable.
During legal proceedings, the court usually sides with the recipient. The latter does not need to explain any reasons, unlike the donor.

FAQ:

Q: Can my sister challenge the gift?

A: The sister can challenge the deed of gift, but only on certain grounds. A list of them is given in the section of this article “Can relatives challenge a gift agreement during the life of the donor.”

Q: Can a disabled person challenge a gift agreement?

A: It can, if there are grounds provided for in Chapter 32 of the Civil Code of the Russian Federation and paragraph 2 of the Civil Code of the Russian Federation on the invalidity of transactions. The mere presence of disability does not cancel the deed of gift.

Q: What should I do if the court rejected the claim to invalidate the deed of gift?

A: The party that does not agree with the court decision (this applies to both plaintiffs and defendants) has the right to challenge it on appeal. The appeal period is 30 days.

Supporting documents

Applicants will have to prove the illegality or insignificance of the gift. It is necessary to submit documents that will confirm the intent of the donee or the fact that the donor was completely unaware of the meaning of his actions:

examination of the mental state of the donor;
entries in medical records;
receipts confirming receipt of money for the “donated” apartment;
documents declaring the donor incompetent;
certificates from law enforcement agencies;
witness statements.

The deal is being challenged in court. It is difficult to challenge a deed of gift, but it is quite possible if there is appropriate evidence.

Remember

The grounds for challenging a deed of gift during the life of the donor may be non-compliance with the requirements of the law on the form of the agreement, the completion of a transaction under the influence of threats, the incapacity of the donor and other circumstances provided for by the Civil Code of the Russian Federation.
Legal proceedings can be initiated by the donor, donee, creditors, legal representatives of the donor, and in some cases, heirs.
To challenge the gift agreement, the plaintiff must prepare evidence confirming the validity and legality of the stated claims.
The time frame for challenging a deed of gift depends on the grounds that served as the reason for going to court, and is usually 3 years. To annul voidable transactions (made under the influence of threats, violence, etc.), plaintiffs have only 1 year.
The limitation period begins to run from the moment the contract is executed or when the party learns that its right has been violated.
If a court decision declares a gift agreement to be invalid, the other party is obliged to return the donated item, as well as pay compensation in case of damage or damage to the object of the donation.

Will you try to prove that the donor did not understand the significance of his actions at the time of execution of the deed of gift? Do you decide to challenge the gift agreement if more than seven years have passed since its conclusion?

Reasons for return

In order for the donor to return the donated housing or its share, there must be compelling reasons and circumstances.

Regarding the recipient, the law does not presuppose the existence of reasons or conditions. Article 573 of the Civil Code of the Russian Federation states that the recipient may not explain the reasons why he refuses the gift.

Note: If the agreement has not been registered, the recipient can easily refuse the proposed gift. And if the gift has already been accepted, the contract is considered fulfilled.

According to the Civil Code of the Russian Federation, the donee may refuse the gift until it has been transferred to him, in which case the contract will be terminated. When concluding a written contract, the refusal will have to be formalized in writing.

If the recipient refuses the gift, the donor may demand compensation from him for damage incurred due to the refusal.