All questions regarding the validity of donation agreements often arise in the event of the sudden death of the donor himself, when the act of transferring a particular property was not drawn up in advance and registered with the authorized authorities.
Instructions
Step 1
It should be noted that since the spring of 2013, the very need for official certification of gratuitous donation transactions and transfer of property has disappeared, however, the law still obliges both parties to officially declare their newly emerged rights through their official registration.
Step 2
According to the legislation in force in the country and the Civil Code as such, there are no deadlines that establish restrictions on the validity of the donation agreement. But the donation comes into force only with the joint appeal of the donor and the donee on the registration of a transaction that once occurred between them in the state register of Russia, the timing of such registration is also not limited and is only due to the health and being in a normal mental and physical state of both parties to the donation …
Step 3
It can be concluded that a property donation agreement concluded without official registration is considered a project one and without going through the above procedure, in fact, does not prove the fact of transferring the gift from hand to hand. At absolutely any moment, the donor can change his mind and withdraw the once donated property from the jurisdiction of its new owner.
Step 4
It is interesting that a kind of duration of the gift certificate can be provided for in the certifying document itself, for example, in cases where the donor has outlived his donee, the gift can quite legally return to its former owner.
Step 5
There are cases of early termination of the donation agreement, such incidents may arise if the donor proves the fact of an attempt on his life by the donee, clearly demonstrates a picture of “blatant ingratitude”.
Step 6
In accordance with regulatory enactments, there are many reasons for the early termination of a gift agreement, today this can be done by the former owner himself, as well as his relatives and other legal heirs, who can clearly demonstrate evidence that such a transaction was concluded illegally.
Step 7
If desired, the donor can conclude a conditional transaction with the donee, for example, promise any of his property in the form of residential square meters, a car, a plot of land in the event of the fact that an action has been taken, for example, a successful graduation from university, a wedding, or the birth of a child. The donations registered in this way begin to operate only at the time of the implementation of the event specified in the papers and provided that both parties to this concluded agreement are alive. Here it must be remembered that if the donee died before the entry into force of the contract, the property is not subject to transfer to his direct heirs and close relatives.
