A donation agreement can only be challenged in court. You can apply to the court to declare the transaction null and void within 3 years after the conclusion of the contract. In the Civil Code of the Russian Federation, Art. 578 provides for several cases in which you can cancel or challenge the deed of gift.
Instructions
Step 1
You can challenge the donation agreement in the following cases: if the gifted person attempted to kill the donor (inflicted grievous bodily harm); if you are not tired of the person being gifted with the thing that you gave him; in a judicial proceeding to declare the transaction null and void; if the deed indicates that the transaction is canceled in the event of the death of the gifted.
Step 2
In practice, it is very difficult to cancel the deed of gift, because you need to prove the circumstances that require termination of the donation contract. The grounds influencing the contestation of the transaction include facts indicating its illegality. For example, a donation agreement was concluded under pressure, as a result of blackmail, deception, or the person who made the gift did not realize his actions.
Step 3
In order for the transaction to be declared null and void or to terminate the donation agreement in court, collect all the facts proving this. This can be a certificate from the hospital about the infliction of bodily harm on the donor; a copy of the statement to the police; certificate of recognition of the donor incapacitated, etc.
Step 4
You can try to prove that the drawn up and signed donation agreement does not meet the requirements specified in the legislation of the Russian Federation. For example, the requirements of the Civil Code of the Russian Federation for this form of transaction have not been met.
Step 5
File a claim in court. According to Art. 131 of the Code of Civil Procedure of the Russian Federation, it must indicate the name of the court, the data of the plaintiff (full name, address), the name of the defendant, the circumstances on which the claim is based, evidence in what specifically the rights of the plaintiff are violated, the price of the claim, a list of attached documents. If the application is written correctly, within 5 days the judge will issue a ruling to initiate a civil case. If the document is filled in incorrectly, it may be refused or returned. If you refuse, you will be given a ruling, in connection with which it was refused to initiate a civil case. Refunds most often occur in connection with the non-jurisdiction of the case to this court.
