Very often the donation of property occurs at a time of emotional instability - gratitude, fear of death. In such cases, after considering the action, the person may want to reverse his decision. Is it possible? Is the donation for the apartment retroactive?
Donation is a document confirming the transfer of property, certain property to another person or legal entity free of charge. It is important to understand this before deciding on such a step. Drawing up and notarization of such an agreement takes from 5 to 30 minutes, if both parties - the donor and the beneficiary - are present and agree with the donation. It does not prescribe any period of ownership of the property, it does not indicate the rental or purchase of housing, but confirms its free transfer.
Is it possible to cancel the agreement of donation of an apartment or other property?
If the donor has circumstances that force him to change the earlier decision on the free transfer of the apartment to another person by deed of gift, then he has the right to terminate the contract. This is spelled out by the legislation of the Russian Federation, more precisely - its 32nd chapter from the Civil Code. According to this chapter, not only the donor, but also the second party - the person who accepted the apartment or other property as a gift - can refuse the transaction.
The donor can cancel the contract by giving such weighty arguments:
- the new owner maintains the apartment in poor condition, unsanitary conditions,
- life threats come from the gifted donor,
- the person to whom the housing was donated died earlier than the donor.
The recipients can refuse the donation transaction without giving any arguments, and this is their legal right. This can be done at any time - both when drawing up a document, in the presence of a notary, and after signing an agreement, notifying the registration authorities about it.
The procedure for refusing to donate an apartment
The donor, before starting the procedure for canceling the gift, is obliged to notify the gifted about it. After that, you can start collecting a package of documents and drawing up a new contract. The best option is to entrust this to the same lawyer who drew up and certified the gift for the apartment or other property, has the appropriate diploma, authority, admission to the certification of such agreements. A handwritten receipt will not work; on its basis, the agreement cannot be canceled. In addition, it will be necessary to contact the Rosreestr or the local MFC so that the cancellation of the deed of gift was recorded, the housing was re-registered by the non-former owner.
The package of documents for canceling the donation for an apartment and registering the procedure in Rosreestr includes a statement from the donor and the document itself (donation), passports of both parties to the transaction, the written consent of those who live in the apartment, a certificate of ownership of a residential property, a check confirming the payment of the state duty in the statutory amount. After submitting the documents, the reverse process will begin.