A donation agreement is a document according to which the donor alienates his property to another person. The deed has retroactive effect only in exceptional cases, therefore, before its conclusion, you need to weigh everything well.
Is the deed of gift retroactive in Russia and Kazakhstan
Donation agreement (deed of gift) - a document that must be signed when the donor transfers the rights to his property to a relative or stranger free of charge. In Russian legislation, this is regulated by article 32 of the Civil Code of the Russian Federation. If an agreement is concluded between citizens of Kazakhstan and on the territory of the Republic of Kazakhstan, the transaction is governed by Article 27 of the Civil Code of the Republic of Kazakhstan. In both cases, the same rules apply, which apply to the possibility of issuing a deed of gift or canceling it.
The donation agreement is retroactive only in some cases. Good reasons are needed to cancel it unilaterally. If the donor has drawn up a document in which he undertakes to transfer the rights to his property to another person free of charge, but at some stage changed his mind, he may terminate the contract, referring to the deterioration of his financial situation or some circumstances that do not allow him to make such a gift. The reason for the cancellation of obligations may also be the unworthy behavior of the person being gifted. In the event that the receiving party does not agree with the change in the decision, the transaction will have to be terminated in court.
The gifted person can refuse the gift at any time, but this must be done in writing and registered in accordance with the established rules. The donor has the right to demand reimbursement of all costs associated with the execution of the gift and its registration.
How can I return a donated apartment
The donated apartment, in accordance with the legislation of the Russian Federation and the Republic of Kazakhstan, can be returned even if the rights to it are completely transferred to the donated. This becomes possible when the person who received the property:
- attempted to murder the donor or his family members;
- inflicted bodily harm on the donor.
All this must be documented and the deed must be annulled in court.
There are good reasons for canceling the donation agreement:
- the minor age of the donor;
- the donor has a mental illness;
- contradiction of the document with the legislation of the Russian Federation (or the Republic of Kazakhstan, if the agreement was registered on the territory of Kazakhstan).
If, after the transfer of the apartment to the new owner, such facts are revealed, both the donor and his relatives can go to court (for example, if the donor is no longer alive, or the interests of loved ones are affected).
According to Russian and Kazakh law, a deed of gift cannot be issued to high-ranking officials (if they have the opportunity to use their official position), social and medical workers caring for the owner of real estate. If such facts are revealed, this may become the reason for the cancellation of the deed of gift in court.