How to dispute a gift

If the state registration of the contract of donation already made, you just have to challenge the transaction in court. For this purpose you can use the following grounds: imaginary or fictitious transaction (the deed of gift actually was concluded a transaction of purchase and sale), acts as a result of pressure, blackmail.

In order to challenge the transaction of donation on the grounds of its fictitiousness, performing under pressure, etc., need very strong evidence. Gather all documents that will help you to prove it. This can be a receipt of funds from the donee, medical records at the mental state of the donor, etc. Involve witnesses with their testimony, you will be able to confirm pritomnosti transaction and try to challenge her. After that you can go to court with a claim. Mention all the reasons and give facts for which you believe that the transaction was pretended or imaginary.

To cancel the gift and the giver. To this end, the legislation specified list of grounds. For example, the donation contract may be terminated in the event of causing bodily injury to the donor or the donee of attempt at his relatives. In court the revocation of the gift can be exercised if the donee casually refers to the thing that has value to the giver.

At the request of any interested person, the court may cancel the transaction of gift made by an individual entrepreneur or legal entity at the expense of the related commercial activity within 6 months before declaring bankruptcy.

Rules on refusal of donation and of its cancellation does not apply to ordinary gifts of small value (article 579, civil code).

To challenge the giving you can also, if the contract is irregular. This can be the wrong form of the conclusion of the dedication, the content of false information, lack all the necessary items and mismatch requirements prescribed in the Civil Code and apply to transactions.