Donation is a free form of transaction. The owner of the property has the right to donate it to anyone. The donee can accept the gift or refuse it, while taking into account whether an agreement has already been concluded or the gift is offered orally without legal registration.
Necessary
- - verbal refusal;
- - written refusal;
- - cancellation of the transaction in court.
Instructions
Step 1
If you are offered to donate property, but the offer was made orally, you have the right to verbally refuse it. In this case, there is no need to draw up any documents, since you have not legally issued the gift and have not accepted it.
Step 2
The legally significant form of the transaction is formalized by a donation agreement. It can be concluded in a simple written form with or without notary certification, as well as entrust the execution of the document to a professional notary. All options are considered legal. If you have already drawn up a contract, but have not yet registered the ownership of the donated property, in order to refuse the gift, you will have to draw up a written document, and it should indicate all the reasons why you cannot or do not want to accept the gift.
Step 3
Refusal to donate is made in simple writing if the main contract was concluded in the same way. If you have certified the contract or executed it at a notary's office, you must file the refusal in the same way.
Step 4
All losses caused to the donor by your refusal to accept the gift, you are obliged to compensate in full if the contract has already been signed by both parties.
Step 5
When concluding a preliminary contract, which indicates that the donor promises to issue his own property as a gift, the donor of the property refuses to donate, since the donee has not actually received or acquired anything. If a preliminary promise indicates that the gift will go to the donee after the death of the donor, such a document is considered null and void and it makes no sense to refuse it.
Step 6
The donor has the right to refuse to fulfill the contract at any time if his financial or marital status has changed, his health condition has deteriorated, and the fulfillment of the contract can significantly worsen his financial situation.
Step 7
The donor may refuse to fulfill the contract and cancel it if the donee has committed a deliberate crime directed against the life of the donor, his close relatives and family members.
Step 8
After registration of ownership rights to the donated property, the transaction can be canceled and the donation can be refused only in court.
