A donation agreement may be challenged by the donor himself or by interested parties if no more than three years have passed since the moment of its execution. What grounds are needed to challenge this agreement?
Instructions
Step 1
Be careful when drawing up a donation agreement that is a cover for another transaction - a sale and purchase. If interested persons find out about this, then they will be able to challenge the deed of gift in court, presenting all the evidence. Evidence may include receipts for receiving money, testimony of witnesses who observed the fact of transferring cash or transferring certain amounts through a bank. As a result, the transaction may be declared null and void.
Step 2
If you or your relatives wish to cancel the donation agreement, you can do so, provided that you submit proof to the court of general jurisdiction along with the statement of evidence.
Step 3
As evidence, you can prepare medical certificates showing that at the time of the conclusion of the donation agreement you were incapacitated due to age, health or mental disorder.
Step 4
If you can confirm that at the time of the conclusion of the donation agreement you were in a deranged state (for example, after any tragic events, which was used by the fraudsters), the donation can be canceled.
Step 5
Collect evidence that the deal was made under the influence of deception, threat or violence. Such evidence includes certified testimonies of witnesses, audio and video materials, medical certificates. The court will definitely be on your side.
Step 6
If the donee, within three years from the date of the conclusion of the donation agreement, attempted to kill your life as a donor, or the life of your family members, or intentionally caused bodily harm, you can also challenge the transaction in court by presenting the appropriate evidence.
Step 7
If you entered into a donation agreement on behalf of your individual entrepreneur or legal entity, but your organization went bankrupt, then the court, at the request of an interested person or organization (creditor), may cancel the transaction.
