Annuity is a bilateral agreement, according to which the recipient of the annuity transfers the real estate that belongs to him on the basis of ownership rights to the property of the annuity payer, who in return undertakes to support the recipient until his death. As a rule, the person in need of lifelong maintenance is the elderly and the disabled. The desire to challenge such an agreement most often arises from the pensioner himself, his relatives or heirs.
Necessary
Passport, statement of claim to the court
Instructions
Step 1
You can dispute this kind of deal only in court, indicating a good reason. The ground can be recognized as the discrepancy between the form of the contract and the established rules, the absence of notarization or state registration. Show the papers to a lawyer and find out if they meet all the requirements of the law.
Step 2
In addition, the transaction will be invalidated if the pensioner was declared incapable or did not understand the meaning of the actions taken at the time of signing the documents. In court, you will need a certificate from a neuropsychiatric dispensary or a corresponding examination, which can even be done posthumously.
Step 3
A weighty argument in favor of terminating the annuity agreement can be recognized by the court as the fact of misleading one of the parties, as well as the use of the old man's plight. Of course, these circumstances must be confirmed by testimony and written evidence, otherwise the judge will not be able to attach them to the case, and your claim will be denied.
Step 4
In addition to the above grounds, to challenge the contract for life maintenance, it can be terminated in court if the payer of the annuity does not fulfill the essential conditions of the contract (does not care for the recipient of the rent, does not transfer the financial support), and also evades his obligations. This is the most common reason for canceling such transactions, and the easiest to confirm. Violations that have been committed repeatedly, or those that entail certain negative consequences for the other party, can be recognized as significant.
