Most often, there are cases when elderly people, during their lifetime, draw up a donation agreement for their children or grandchildren, wishing to provide them with real estate. This type of transaction allows you to avoid paying taxes, which are paid in the case of an inheritance or will. But donors do not always show gratitude to donors, so the latter may have a desire to return the donation.
Instructions
Step 1
Possible options for canceling donation are discussed in Art. 578 of the Civil Code of the Russian Federation. You can return a deed of gift in the event that the donor made an attempt to assassinate your life or the life of your relatives, intentionally inflicted bodily harm on you. Also, the cancellation of donation is provided in the event of improper handling of the donated property, which can lead to its damage.
Step 2
The law provides for the cancellation of donation if the donor died earlier than the donor. But in this case, such a condition must necessarily be spelled out in the donation agreement. In all other cases, it is rather difficult to return the donation, because the donation agreement is bilateral and the ownership of the donated object passes to the donated one immediately after the donation agreement is registered by the Rosreestr authorities.
Step 3
An option when you can, if not return the donation, then at least reduce the amount of this donation by half, is the case when the donated property registered to one of the spouses was donated on his behalf. For example, when a donation agreement was concluded only on behalf of a spouse, the other can return half of the donation on the grounds that this property was acquired during the marriage, so he is entitled to this part of the donated property. There is no such opportunity to challenge the donation if the donated property was purchased by the donor before marriage, inherited by him, donated or bequeathed to him by third parties.
Step 4
Try to return the deed, even if your signature is on it, referring to the fact that you were misled, did not understand the essence of the agreement. It will be difficult, but there are similar precedents in judicial practice. Therefore, be careful when signing contracts that relate to the transfer of rights to real estate. After all, if you can still cancel the will, then it will be almost impossible to do this with a donation agreement.
