In some situations, a donation for real estate may be retroactive and this must be taken into account when drawing up this document. It is difficult to challenge a donation agreement, but it is possible.
Is the deed of real estate retroactive
A donation is issued if the donor wants to transfer his property to a relative or an outsider completely free of charge. At the same time, the circumstances and terms of the transfer are prescribed in the document. The property can pass to a new owner both immediately after the conclusion of the contract and after the death of the donor, if such conditions are very clearly spelled out in the contract.
A deed of gift can only be retroactive in certain cases. In Russian legislation, this is regulated by article 32 of the Civil Code of the Russian Federation. The gifted person has the right to terminate the contract at any time and refuse the real estate. But in this case, the donor may demand reimbursement of everything that was spent on the registration of the transaction and the payment of state fees.
If the donor changes his mind to alienate his property free of charge, he can terminate the agreement, citing a sharp deterioration in his financial situation or a change in any circumstances. In case of categorical disagreement of the person being gifted with such a turn of the case, the issue must be resolved in court.
When can a deed of real estate be revoked?
The donation for real estate can be revoked or canceled after the transfer of the apartment or house to the new owner, but only in certain cases:
- the gifted has caused harm to the donor (caused bodily harm);
- the donor attempted to kill the donor.
All this must be documented. With the necessary documents and expert opinions, you need to go to court to resolve the issue of canceling the gift agreement and returning the property to the owner or his relatives. In the event of the death of the donor, both his relatives and representatives of some organizations can apply to the courts.
There are other circumstances that can be used to challenge the donation contract. These include:
- donor age up to 18 years;
- contradiction of the concluded gratuitous transaction with the legislation of the Russian Federation (especially if the rights of minors are violated);
- the donor has a mental illness or serious illness that could prevent him from adequately managing his property.
According to the law, a donation cannot also be issued to major government officials (they can use their official position to take possession of someone else's real estate), to representatives of medical and social organizations who took care of the donor, provided him with medical services. If such violations are revealed, this may become a reason for canceling the deed of gift in court.
