A donation agreement is a document that is subject to mandatory registration. A deed of gift can be issued both for a relative and for a completely stranger. In some cases, it is retroactive.
Is the donation contract retroactive
A donation for an apartment is a document that legally establishes the donor's desire to donate his property to a certain person free of charge. The gift deed must be drawn up in writing and registered in accordance with all established rules. The transfer of an apartment under this agreement is governed by Article 32 of the Civil Code of the Russian Federation.
Sometimes situations arise in which the donor changes his mind and the question of canceling the gift arises. Modern legislation does not exclude this possibility. If the donation agreement is executed, but the donor promises to transfer his property to someone in the future (by inheritance, after his death), he can terminate the agreement unilaterally. A good reason for such a cancellation may be the deterioration of the financial situation, illness, unworthy behavior of the gifted.
The gifted person has the right to refuse the apartment unilaterally without any reason, but this must be done in writing and registered. In this case, the donor has the right to demand reimbursement of all costs associated with the registration of the contract, registration of property, and return his money.
Is it possible to return the donated apartment if the rights to it have completely passed to the new owner
An apartment donation agreement is retroactive under certain circumstances. You can annul a deed of gift if:
- the donor inflicted bodily harm on the donor;
- the gifted person attempted on the life or health of the donor or his close relatives.
All facts must be necessarily documented. If the donor's actions led to the death of the donor, his relatives can go to court to annul the transaction.
The law also provides for the cancellation of a deed of gift due to neglect of property. This is true if the apartment, for example, has a high value for the donor.
It is possible to question the legality of the transaction and its invalidation with subsequent cancellation if:
- the donation was carried out by an incapacitated person or a minor;
- the transaction contradicts other articles of the Civil Code;
- the donation procedure was carried out in violation of some rules.
There is a list of persons to whom the owner of an apartment does not have the right to alienate property. This category of citizens can be attributed to civil servants in high positions, guardians, employees of social organizations (if they take care of the donor, provide medical or social services).
