How To Cancel A Deed Of Gift For An Apartment

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

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

Video: How To Cancel A Deed Of Gift For An Apartment
Video: cancelation of gift/revocable and irrevocable gift.hiba kab cancel ho ga aur kab nahi ho ga. 2024, April
Anonim

There are different situations in life. Today you donated an apartment, and tomorrow you found out that you were deceived. Or living conditions have changed, and you find yourself on the street without a roof over your head. There are no hopeless situations - the donation contract can be canceled.

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

Instructions

Step 1

Carefully read Article 578 of the Civil Code of the Russian Federation. This article describes situations when the donor has the right to terminate the gift agreement.

Step 2

Go to court to terminate the donation agreement if the person to whom you presented the apartment made an attempt on your health. If you encroached on the lives of your loved ones and relatives, you also have the right to demand the return of the gift.

Step 3

Collect evidence and ask to cancel the contract even if the donor does not take care of your gift, keeps the apartment in an inadequate condition, and there is a threat of its complete destruction. But in this case, you will have to prove that the donated apartment is not a property value for you. For example, grandfather and grandmother lived in this apartment all their lives. The apartment is dear to you as a memory of them.

Step 4

If you have survived the gifted person, you can also demand to cancel the agreement, but only if there is a corresponding clause in this agreement.

Step 5

Demand to revoke the deed if you believe that you have been deceived or you have been misled. This is evidenced by article 178 of the Civil Code of the Russian Federation. Please note that this is a misconception about the nature or nature of the transaction. Misconception about the motives for giving is not significant. So, for example, if at the time of donation you were deceived, and you did not understand that you were losing your home, this is a significant delusion. If you gave a gift because you thought you were loved, but it turned out it was not - this is not a significant delusion, and the court will not terminate the deal.

Step 6

Go to court even if you have been pressured and signed a gift agreement under threat of violence. In this case, Article 179 of the Civil Code of the Russian Federation will help protect your rights.

Step 7

If your quality of life has significantly deteriorated (your health has been damaged, your home has been lost, and so on), you also have the right to demand the cancellation of the donation agreement.

Step 8

Please note that the donation contract can be terminated not only by the donor, but also by his heirs. For example, if the gifted person deliberately took the life of the donor.

Step 9

If one of the listed conditions is met, feel free to go to court. Recognize the donation contract as invalid. The law is on your side.

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