Cancellation of donation is a unilateral expression of the will of the donor, does not depend on the consent of the person who accepted the gift. Cancellation of donation must be made in the same form as the contract itself. That is, if a real estate object is donated, the cancellation must be registered with the Rosreestr authorities. Unilateral refusal to fulfill obligations is strictly regulated by law.
Instructions
Step 1
The grounds for cancellation must be valid and documented.
Step 2
You can cancel the donation in the event of: - the donee's attempt on the life of the donor or his family members is committed, - intentionally causing bodily harm to the donor, - the treatment of the donee with a gift that is for the one who gives a great intangible value, in such a way that its existence is threatened. The decision to cancel the donation on this basis will be taken by the court at the suit of the donor. Before filing a claim, the donee should be required in writing to stop mismanaging the thing and take measures to preserve it. If the court decision is not voluntarily enforced, a writ of execution should be submitted to the bailiff service,
- the gift was made by an entrepreneur, a legal entity within 6 months before bankruptcy. It will be required to prove the illegality of the donation in an arbitration court. Restrictions on gratuitous transactions are aimed at ensuring the interests of creditors. When filing a claim, pay a state fee depending on the value of the donated item, - the donor outlived the donee. This possibility must be provided for by the contract.
Step 3
Attach documents justifying legality to the application for cancellation of donation
cancellation.
Step 4
The cancellation must be notified to the person who accepted the gift, who is obliged to return
the donated thing, if it has survived.
