Many people, especially the elderly, prefer to dispose of their apartment by donating it to one of their relatives. However, there are also those that have their own types of gifts. And then, about the contract, lengthy litigation may arise.
It is necessary
- - statement of claim;
- - the court's decision.
Like any transaction, an apartment donation agreement can be challenged in court due to its invalidity. However, given the specifics of donation, it is sometimes extremely difficult to do this. Moreover, in some cases it is necessary to take care of a convincing evidence base for the court.
The contract of donation of an apartment can be declared invalid due to the fact that it is in a mortgage or under arrest. So, if the apartment is the subject of a mortgage, its alienation without the consent of the mortgagee may result in the invalidity of the corresponding agreement. By analogy, the donation of an apartment acquired in marriage can be challenged if it happened without the consent of the second spouse. This rule also applies to situations when an apartment is an object of common joint ownership for other reasons.
In a situation where the apartment was owned by several persons on the basis of common shared ownership, other owners may challenge the donation in view of the fact that they were deprived of their preemptive right to acquire it.
If the apartment was donated by a legal entity, the legality of the donation can be questioned due to the fact that it contradicts the constituent documents, or it happened without the consent of the relevant management body.
The donation agreement will be considered invalid, provided that the donor is a minor (up to 14 years old) person. Likewise, a donation can be challenged if it can be proved that at the time of the transaction the donor was incapacitated or did not realize the significance of his actions.
Violation of legal requirements may also result in the invalidity of the donation agreement. For example, it provides for any counter-obligations of the recipient of the gift. In this case, such an agreement is not considered a gift. It can be viewed as a sham deal that is void. Also, the donation contract can be imaginary. As proof of this, it can be argued that the donee did not register ownership of his apartment.
The court decision on the illegality of the donation, which entered into legal force, is the basis for canceling the state registration of ownership of the apartment for the recipient of the gift.