The notary spoke about ways to return a donated apartment

Few of us do not like receiving gifts, but in a situation with property there are often times when it is necessary to cancel the gift. Most often, those who receive rights to any objects as a gift face this need. Cancellation of the contract and all agreements entails certain legal consequences, because it is necessary to return his property to the previous owner. Whether this can be done legally, what the procedure looks like, and what features this process has - all this is the topic of the article below.

The concept of a gift agreement

Such an agreement is qualified as gratuitous, since in the process of its completion no reciprocal property rights arise for the party who has become the recipient of the gift. If in response there is a transfer of any property or money, then such a transaction is considered void. It should also be remembered that a gift can be either real or consensual; in the second case, it is assumed that it will happen in the future, being for now only promised. The role of the object of donation can be played by any property, it can also be a right of claim, but it must have clear and understandable specifics.

About the opportunity

What is donation? As we have already said, this is a fairly common procedure that is carried out in our country.

It allows two entities to carry out the procedure of donation from one person to another.

That is, parties take part in it, which means it automatically becomes two-sided .

The essence of the procedure is that one person, completely unaware of any material gain from his actions, transfers real estate into the ownership of another free of charge .

The second participant has the right to accept or refuse the gift. If the parties have complied with all legal grounds and also completed the procedure for registering the transaction, it has taken place.

In general, the procedure is timeless, that is, once completed, the law protects the gift from retroactive effect.

However, the legislator also allows for situations in which a transaction will be canceled due to incorrect behavior of one of the participants or a violation of the law . More on this in other paragraphs.

Find out on our website about the specifics of donating housing between close relatives, in particular how to draw up a deed of gift and what documents are required to complete the transaction. A sample agreement for donating an apartment between close relatives is available for download here.

Grounds for cancellation of a gift agreement

Until the transaction is registered in Rosreestr, it can be easily cancelled. After registration, this is also possible, but with much more difficulties. If there are no objections from the recipient, then the cancellation is carried out by a notary, however, this does not happen often. The usual situation is when the recipient opposes the cancellation and then the donor has, in fact, the only option left - a trial, but for this there must be grounds, otherwise success will not be achieved. Similar grounds are contained in Article 578 of the Civil Code of the Russian Federation, they include the following:

• causing harm to the health of the donor by the other party to the transaction, up to the deprivation of his life;
• careless attitude towards the received property, a sharp deterioration in its characteristics as a result;
• death of the recipient of the gift, but this point must be specified in the text of the contract.

The donor's heir can also initiate the procedure for canceling the gift agreement; however, in this case, the agreement must also contain a corresponding clause.

For legal entities, cancellation is also possible if the donor was a person who entered into bankruptcy proceedings. It also happens that after the completion of the transaction, the life circumstances of the donor have changed dramatically, for example, his health condition has sharply deteriorated or global changes have occurred in his marital status. In such situations, it becomes easier to cancel the agreement.

How to return the apartment?

Sometimes a situation may arise that forces the person who donated the apartment to reconsider the correctness of his action and ask the question: how to take back the donated property?

How to return a donated apartment?

A deed of gift is a document confirming that the donor has transferred his property into the possession of the donee. In this way you can donate a car, apartment, cottage and other types of real estate.

Methods for returning property after concluding a gift agreement

“The legislation provides for the possibility of returning the donated apartment, and considers all available methods for implementing this idea. Articles 578 and 166 of the Civil Code of the Russian Federation regulate the process of termination of deeds of gift,” explains Alexey Shmonov, CEO and co-founder of the Internet portal about real estate Move.ru.

The Civil Code contains a full range of information that helps to understand all issues related to the return of donated real estate. The code provides for a process for terminating a gift agreement, which allows you to return housing back in three ways: at the request of the person to whom the housing was gifted, at the initiative of the donor, or by recognizing the invalidity of the contract.

It is important! It is worth noting that with the last two options, the gift agreement is terminated only in accordance with a court order, and for this the applicant will need to provide compelling reasons that will serve as the basis for canceling the document.

The most reliable way to return donated property is an amicable agreement with the current owner of the property. You can try to solve this problem without radical measures, so that the person who accepted the apartment as a gift voluntarily returns the housing, transferring it back to the previous owner. From a legal point of view, this process can be formalized as the same deed of gift. In other words, it will look like the apartment was “transferred” back. Let's consider each option for returning real estate in more detail.

Termination at the request of the donee

You can take away the donated property without the participation of the courts. But in this case, it is impossible to do without the written consent of the person to whom the apartment was donated.

To terminate the contract, both parties must contact a notary at the same time. The notary office certifies the agreement in which the recipient voluntarily refuses the gift.

After this, you need to contact a government agency such as the registration chamber with this document. In this government organization, the gift agreement is terminated and the return of the real estate to the donor is recorded.

You can also simply donate the home back to the donor. If the new owner of the property decided to transfer the apartment to the previous owner, then this can be done using the same deed of gift through which the property was received as a gift.

To begin with, it is worth drawing up an agreement in writing (you can do this yourself or contact a notary office), which will contain the following points:

1. Full name of those participating in the transaction. You are required to provide information from your passport, including your registration address.
2. You also cannot do without indicating the address and full name of the transferred housing.
3. It is worth describing the characteristics of the apartment (what floor it is on and how many floors there are in the house).
4. Next, you need to indicate the agreement according to which the current owner received ownership of the housing (i.e., a previously drawn up gift deed).
5. It is also necessary to sign the transaction (this procedure requires the presence of an employee of the institution where the agreement will be registered).

After signing the donation agreement, it must be sent for registration to Rosreestr or the Multifunctional Center.

Termination at the initiative of the donor

If a person who has given an apartment to someone wants to take it back, the question will certainly arise: is it possible to return the deed of gift for the entire property or part of it (if only a share of the property was given as a gift) and how to do this? In this case, the donor should read the legislation of the Russian Federation, namely Article 578 of the Civil Code, or seek help from a legal agency.

A gift agreement at the initiative of the donor can be terminated only upon consideration by the judicial authorities, which have been provided with weighty arguments. Let's look at the list of reasons that are grounds for terminating a gift deed:

1. The donee, or the persons hired by him, threatened or inflicted physical harm on the donor or his relatives and friends. As evidence of such an incident, you can provide written testimony from witnesses, a recording of a telephone conversation, video recordings and certificates from the hospital, which indicate the degree of injury to the victim.
2. Having received housing as a gift, the new owner, through his actions, causes great harm to the apartment.
3. The donee died before the donor.

Termination due to invalidity of the document

Article 166 of the Civil Code allows the donor to get back the donated housing. The mentioned article discusses the reasons why a contract can be declared invalid through the courts. The following conditions are considered grounds for declaring the deed of gift invalid:

• the requirements of the law or other legal conclusions were violated;
• due to the transaction, ethical standards and legal order were violated;
• the agreement is of an apparent or feigned nature (it covers another agreement not related to this one);
• the process of donating real estate was made by a person who has physical or psychological incapacity;
• the property was donated by a person who was at that time drunk or under the influence of a narcotic substance (but here you will need to confirm this condition with a certificate from a drug treatment clinic where the donor of the property is registered);
• absence of written permission written by the parents or guardians of the person under the age of majority who participated in the transaction;
• the donor was misled (for example, all the conditions of the gift document were not explained to the pensioner);
• the agreement was drawn up and formalized, while violating the laws (for example, the agreement states that the apartment will be transferred to the recipient’s possession only after the donor’s death - in such a situation, it is worth using another method of transferring property, such as drawing up a will).

Tax nuances of deed of gift

Housing received as a gift from one individual to another is considered income and is subject to taxation in accordance with Chapter 23 of the Tax Code of the Russian Federation.

“However, the code states that if both parties to the agreement are relatives, then they are not required to pay any taxes. If the donor and the donee are not related, then taxes must be paid,” explains Alexey Shmonov, CEO and co-founder of the online real estate portal Move.ru.

If the person who received the apartment as a gift is a resident of the Russian Federation, then the tax rate will be equal to 13 percent of the value of the gift, and if not, then the figures will increase to 30 percent. To recognize a citizen as a resident of Russia, it is enough for him to stay on the territory of the state for at least six months.

Cancellation of a gift agreement after registration and methods of cancellation

This procedure can only be started after a court decision; if there is one, then the object will need to be registered again. To do this, documents are submitted to the relevant authorities, in particular, a statement of intention to re-register, as well as the text of the court decision. It is worth paying attention to the fact that the package of documents must be accompanied by a receipt for payment of the state duty; without it, the case will not be considered.

A peaceful solution to the problem is theoretically possible, but in judicial practice it is extremely rare. Of course, both parties can agree among themselves to cancel the transaction, but someone who has received property as a gift almost never voluntarily refuses it. Based on this, the most common way to solve the problem remains the court.

Termination procedure by agreement of the parties

In the event of mutual agreement to terminate the gift agreement, the following procedure is established:

1. Collection of documents.
2. Drawing up an agreement to terminate the gift agreement.
3. Contacting a notary to certify documents.

example of an agreement to terminate a deed of gift.

Procedure and procedure for canceling a gift agreement

The cancellation is carried out within the framework of standard claim proceedings. The peculiarity of this procedure is its non-property nature, therefore, the subject of the claim is not subject to assessment and therefore only the state duty is paid, which for individuals is 300 rubles, and for legal entities - 6 thousand.

The optimal order of this procedure looks like this:

1. Preparation and collection of necessary documents, as well as evidence base. The responsibility to provide reasons for canceling the donation rests with the donor; he will have to deal with this issue. As such, the court can consider, for example, extracts from a criminal case, certificates of bodily injury, expert opinions on the condition of property, and so on.
2. Payment of state duty. A mandatory condition, without which the claim will not be advanced (Articles 132 and 136 of the Code of Civil Procedure of the Russian Federation).
3. Drawing up a statement of claim and submitting it to the court. The text of the application must contain standard details and justification for the claim from the point of view of law. In addition, it lists all the plaintiff’s demands, culminating in the cancellation of the donation. The application is submitted to the court at the place of residence of the defendant, for an individual it will be a court of general jurisdiction, for legal entities - an arbitration court (Article 28 of the Code of Civil Procedure of the Russian Federation).
4. Consideration of the claim and the court's decision on it. A standard procedure during which the plaintiff's arguments are considered, the evidence presented by him is examined, and witnesses are heard. The verdict is largely based on the validity of the claims made.

If a decision is made that is positive for the applicant, the defendant will be obliged to return the property in accordance with the established procedure. If such a return is not possible, then the cost of the property must be reimbursed. Refusal to execute a court decision gives the plaintiff the opportunity to initiate enforcement proceedings, when the bailiffs will either oblige the defendant to obey the court decision or take measures to force its execution.

Reasons for the recipient's refusal to accept the apartment

Changing your financial situation for the better. Change of residence and inability to monitor this property. Subjective point of view, with a negative bias towards the actions of the donor.

Long-established hostile relationship with the donor. Moral moments, or ongoing family conflict. It is possible to induce the donor to carry out the same actions in relation to a third party. In any case, the return of a donated apartment is a legal act that must be carried out in accordance with the law.

Another situation that requires attention is the refusal of the donor to accept the apartment after decisions made by the recipient. Possibly after registering a new gift deed or agreement. For example, a court decision has entered into force, but the recipient does not accept the apartment for various reasons: deterioration of condition, without explanation.

IMPORTANT: The deed of donation, or the deed of acceptance and transfer of real estate, always contains information about the condition of the transferred housing. In this connection, the donee must draw up an inspection report in the presence and signature of two witnesses, documenting the full compliance of the housing with the condition specified at the time of the transaction. In case of deterioration, record them and evaluate them.

After which the inspection report, keys, and, if necessary, monetary compensation should be sent to the donor. This will be considered the actual transfer. The court is more accepting of declaring transactions invalid when it comes to gifts between relatives.

Since the recipient’s refusal to accept a gift is often based on intra-family conflict. In addition, donation between close relatives is another indicator of the gratuitousness of such a transaction.

Also, if the issue is resolved by mutual agreement, without going to court, it is easier to return the apartment. More often than not, the actual transfer of real estate has not taken place. Perhaps the previous owner continues to live in the donated housing.

Then there is no need for additional actions to transfer housing. In such circumstances, when the return of the apartment occurs outside the registered gift agreement, the process of notifying the donee to the first party is also simplified.

Before making a gift transaction, you need to make a responsible and meaningful decision, weigh the pros and cons. Otherwise, returning the donated real estate may bring unplanned difficulties. In addition, the termination of civil transactions entails a certain level of costs.

When returning the apartment to the recipient, it is necessary to comply with all the conditions provided by law in order to avoid future claims from the donor.

Required documents

The package of documents to be submitted along with the application is standard and includes:

• copies of documents that identify the applicant;
• copy of the agreement;
• fee payment receipt;
• grounds for canceling the donation.

If there was an act of donation of real estate, then a certificate of registration of rights to this object is also attached. Also, if the applicant is represented by a lawyer, there must be a power of attorney from the representative.

Note: The composition of the package of documents may vary, it all depends on the specifics of a particular case. That is why it is advisable to first consult with a lawyer, and then apply to the court.

Price

The amount that must be paid for a deed of gift for an apartment depends on the method of its registration.

Registration through a notary. The amount for this service may vary depending on the prices of the notary himself and the region in which you live. Most often it costs about 2 – 3 thousand rubles.

However, the cost of the state duty remains the same in different cities, but depends on who is donating the apartment and its estimated value. If you decide to make a generous gift to a close relative, then for a transaction with a notary you will need to part with 0.2% of the cost of the apartment (but not more than 50 thousand rubles).

But if you decide to make just a good friend happy, then the percentage is calculated based on the cost of the apartment:

• If the apartment is not more expensive than one million rubles, you need to pay 0.4%.
• If not more than ten million rubles - 0.2%.
• If the cost of square meters is more than ten million, you should pay 0.1%.

Reference. Close relatives include: the donor's children, grandchildren, parents, grandparents, and brothers and sisters.

When registering an agreement with Rosreestr, you will only need to pay a state fee - 2 thousand rubles (for individuals) and 22 thousand rubles (for legal entities).

Don’t forget about the commission accepted at banks and replenishment terminals.

Consequences of cancellation of the gift agreement

When the court decides that the gift agreement is invalid, the party acting as the recipient of the gift is obliged to return the property. This obligation is contained in paragraph 5 of Article 578 of the Civil Code of the Russian Federation, but this norm becomes applicable only if the donated property has been preserved in its natural form.

If a gift is alienated or lost, on the basis of Article 1105 of the Civil Code of the Russian Federation, the donor may demand compensation for the value of his property. The cash equivalent refers to the moment of the act of donation; its actual value at the time of cancellation of the contract is not taken into account.

Reasons for cancellation

Is it possible to cancel a gift deed in Russia? As already mentioned, such an operation is provided for by current Russian legislation. The main thing is to know when exactly you can use the cancellation.

Thus, the following reasons for carrying out the operation are distinguished:

1. Deterioration of the financial situation of the donor due to circumstances beyond his control. For example, a person was robbed or his home was destroyed by a natural disaster.
2. The donee intentionally caused harm to the donor or members of his family.
3. Creation of threats to life and health by the recipient of property.
4. The person to whom the gift was given ownership treats it carelessly. As a result, property is destroyed. It is important that the object is valuable to the donor.
5. Death of the donee. But such an arrangement is possible only when the corresponding clause is provided for in the deed of gift. Otherwise, the gift will be inherited by the new owner's family.

In any case, the presence of certain grounds will have to be proven and confirmed. Various materials will help with this - from audio recordings to correspondence. Is it possible to cancel a gift agreement? This cannot be done without evidence of grounds.

Nullity of the transaction

Canceling the deal is not the only option to resolve this issue. In accordance with the provisions of the law, it is possible to achieve recognition of the agreement as void. For this to happen, the contract must have certain characteristics, namely:

• absence of essential conditions in the text;
• the text of the agreement makes the obligations and rights of both parties to the agreement unclear;
• the subject of the transaction is not described in it;
• the clauses of the contract do not comply with current legislation.

A transaction can also be characterized as a sham, for example, when the contract hides the act of buying and selling property. An agreement is considered void even in cases where it is concluded between incapacitated persons, as well as if it concerns property that is subject to certain restrictions, for example, arrest.

Reverse action when registering a deed of gift

There are no restrictions or prohibitions on who can act as parties to the transaction. The main thing is that the current legislation is not violated, and the transaction is not feigned and imaginary. The degree of adequacy of the parties to the gift agreement is important.

If the case so requires, it is sometimes necessary to confirm capacity. Therefore, persons who act once as a donor and a recipient can change roles when donating an object again. So in practice it happens that the property becomes the property of the donor back. There are no special restrictions in this regard.

An advantage when re-transferring property back to the donor is a transaction involving a gift to a close relative: spouse, child, parent, sister or brother, when they are exempt from paying the 13% tax (Clause 18.1, Article 217 of the Tax Code of the Russian Federation). Otherwise, you will have to pay tax twice: on the first and subsequent donations.

Going to court

A claim is a petition filed in court. The donor has the right to do this independently, or by turning to the services of specialists. The form of the application and its content are determined by the Civil Code; it is impossible to deviate from its requirements. The header of the application indicates the exact name of the authority to which the application is sent and information about the applicant. What follows is a description of the circumstances of the case and the basis for filing the claim, as well as steps, if any, taken for pre-trial settlement.

Finally, the requirements for the defendant and the list of documents attached to the claim are reported. All contact information of both parties must be indicated in full, clearly and accurately. Within five working days from the date of filing the application, the judge who will deal with this case must be determined, and it is he who must initiate the trial of the case.

Is it possible to transfer an apartment to a donor?

After official registration, the recipient becomes the full owner of the received space, therefore it is he who has the right to dispose of the property as he sees fit. Cases where the recipient wishes to transfer the apartment to its original owner are considered very common.

Is it possible to transfer the apartment back to the donor? Yes, you can formalize the gift transaction again, however, a simpler solution would be for the donor to refuse his decision and for the donor to accept this fact .

Refusal to donate will not save participants from undergoing repeated state registration; this is completely normal, because such actions lead to a change of owner.

Limitation period and grounds for suspension

In such situations, there is no statute of limitations as such, but the law defines cases when this aspect is directly dependent on the essence of the problem. The one-year limitation period is one year, counting from the time when the plaintiff established a fact that gives him the right to challenge the contract. To recognize a transaction as void, the donor has three years from the moment the agreement entered into legal force.

The grounds for suspending the claim will be:

• the impossibility of the plaintiff going to court due to any circumstances of an emergency or unforeseen nature;
• military service of one of the parties;
• introduction of martial law in the country;
• announcement of a moratorium on the fulfillment of contractual obligations.

Peculiarities

Cancellation of a contract has its own characteristics . If, after registering the agreement, spouses become co-owners of the apartment, then to refuse the gift you will need the agreement of each of them, which, as practice shows, is very difficult to achieve.

To be on the safe side, you can contact a notary to avoid mistakes. But it is very rare to find notaries with experience in cases of abandonment of donated real estate.

Donation is a gratuitous process, but taxes must be paid . But this does not apply to people who are related by blood - they can transfer the right to housing without paying taxes. When canceling the deed of gift, only the state is paid. fee and notary services.

Be that as it may, when canceling a deed of gift, the court is on the side of the donee, and he does not need to prove the motivation for his action, unlike the donor.

Gift deed for an apartment and its cancellation

It is impossible to rewrite the donation agreement for an apartment, it is only possible to terminate it; this should be remembered when deciding to donate real estate. There is an opportunity to resolve everything by agreement of the parties, but you shouldn’t count on it too much. Such issues are resolved in court and require the provision of clear evidence in this instance, in particular:

• lack of consent to the transaction on the part of the spouse, if the property belongs to jointly acquired property, and this consent must be certified by a notary;
• fact of psychological or physical impact on the plaintiff when signing the contract:
• the recipient of the donated property is in the civil service; such persons are prohibited from accepting such gifts;
• forgery of the donor's signature.

Evidence can include a variety of materials, including photographs and videos, medical reports, and witness testimony. You should go to court only after all the evidence has been collected and properly prepared.

Where to begin?

First of all, you need to carefully read the donation agreement to understand the time frame within which it is possible to make a transfer. In most cases, the agreement does not contain special conditions and the donee can dispose of the property immediately after registering it in his name.

But in the deed of gift it is possible to specify certain conditions, upon the occurrence of which the donee will acquire the right to the apartment. For example, a grandmother drew up a deed of gift for her grandson, but stated in it that the housing would become his property only after graduating from a higher educational institution. In fact, there is a gift agreement, but it will not be possible to register it, just as it will not be possible to transfer the property.

Deed of gift for movable property and its cancellation

In this case, the evidence is no different from situations when it is necessary to cancel a real estate transaction, but there are several specific nuances:

• if there are errors in writing the details of both parties or in the description of the property being donated;
• if there is a condition that the transfer of property into ownership takes place in the event of the death of the donor, in this situation this transaction relates more to a will than to a gift agreement;
• in the absence of signatures of either party.

It must be remembered that both parties will collect evidence, the defendant will do everything possible to prevent the plaintiff from being able to protest the contract. Without resorting to the services of qualified lawyers, you will not be able to win your case; in addition, it is advisable to study judicial practice in similar cases.

Useful tips and recommendations if you need to re-donate a donated apartment

To summarize the article, we note that the procedure for transferring real estate is not complicated. The basis is the same principles as when donating real estate.

To ensure the process goes smoothly, we recommend following a few tips:

1. Remember that the transaction requires mandatory notarization.
2. Before starting this process, consider whether the interests of the citizens registered in the apartment are being violated.
3. It is preferable to give gifts to close relatives, since they will not have to pay personal income tax.
4. Register the transaction with Rosreestr by first preparing the necessary documents.
5. When donating part of a share in a residential property owned by common property with a spouse, written consent to the alienation is required.

By adhering to these rules, everything can be quickly legally formalized. The legislation has created comfortable conditions for citizens in this matter.

Arbitrage practice

Case No. 1. Transferring an apartment as a gift to a granddaughter.

The plaintiff tried to cancel the contract on the basis of the fact that the donation took place under pressure from relatives. In exchange, they were expected to receive material and medical assistance, as well as the maintenance of the donated home. The statement contained a statement that the recipient of the apartment deprived the donor of the opportunity to live peacefully in the apartment. On this basis, a claim was filed and a demand was made to terminate the contract. The applicant justified her intentions by the fact that after the death of her husband she was in a depressed psychological state and did not realize the real consequences of her actions.

The defendant completely denied the claims and won the case, since the plaintiff was unable to prove during the proceedings that the facts of other people’s influence she cited actually took place.

Case No. 2. Transfer of an apartment as a gift to a cousin.

The recipient of the apartment was childless and had a bad relationship with his wife, so the contract included a clause on the possibility of canceling the transaction. The donor went abroad for two years; upon returning to Russia, he learned that his brother had died, his wife inherited the apartment and managed to sell it.

Based on the agreement and its contents, he filed a lawsuit demanding the return of the apartment or reimbursement of its cost. The court decided to satisfy the claim and ordered the defendant, who ignored the subpoenas, to reimburse the cost of the apartment to the applicant.

Consequences of termination

When the court sides with the plaintiff, the donee is obliged to return the apartment to the donor. But sometimes it happens that the other party (the recipient) remains offended, because a valuable gift has to be returned. In this case, it happens that the losing party tries to sell the donated property or seeks to destroy it as much as possible (set it on fire, cause a pogrom, break walls, damage furniture or repairs).

If such dirty tricks took place, the donor must record the damage caused and prove that everything was in order during the transfer of property. The court will definitely side with the plaintiff and oblige the former donee to restore the original appearance of the apartment, or to cover all the costs of restoring the returned donated property.

To consolidate the information received, we suggest watching a useful video with lawyer Oleg Sukhov about the termination of a gift agreement:

It is quite possible to terminate a gift agreement; it is important to have a compelling reason that complies with the laws of the Russian Federation, collect the necessary package of documents and have with you all the evidence that you are right. The easiest way to cancel a deed of gift is to come to the agreement of both parties. Otherwise, the problem will be decided by the court.

Legal consultation

Question

— I was the owner of an apartment in which I did not live, but rented it out. I have a brother who divorced his wife and asked me to let him into this apartment for a while. I had nothing against it, but he insisted on concluding a gift agreement, without going into details or explanations. My brother emphasized that later we would calmly terminate this agreement without any consequences.

Due to my illiteracy and lack of education, I agreed with his arguments. My brother continues to live in my apartment, we never terminated the agreement, and accordingly, he did not return my property to me. Can a deed of gift be canceled in court?

Answer

— The solution will be to file a claim in court, which should be drafted by a professional and qualified specialist. You should take care of finding witnesses who were present during your conversation with your brother about the details of the transaction and can confirm the fact of your illiteracy. The consideration of this issue will largely depend on the judge hearing the case, but frankly speaking, your chances of success are slim.

Question

— Four years ago I gave my wife a piece of land. Our relationship completely deteriorated a year later, and I filed for divorce. This led to a heated showdown and a fight between us, during which she inflicted bodily harm on me in the form of several abrasions, as well as two broken ribs. Is it possible on this basis to cancel the donation on my part?

Answer

— Causing bodily harm to the donor is grounds for canceling the donation in accordance with Article 578 of the Civil Code of the Russian Federation. It is worth considering that you will first need to file a statement with the police about causing bodily harm to you, and then obtain a corresponding court decision.

Is it possible for a third party to challenge the contract?

Relatives of the donor or representatives of government authorities can challenge the deed of gift.

Relatives can file a lawsuit in court in the following situations:

• death of the donor;
• declaring the donor incompetent;
• other situations provided for by law.

Representatives of government authorities who can challenge the deed of gift include investigative authorities and guardianship authorities.

The agreement can be challenged by a third party only through court.