Advice 1: How to cancel a contract of donation

The contract of donation may be terminated at the request of the donor. And the court such cases provide. So if you signed someone the deed, and then changed his mind for a number of reasons, you can cancel the deal.
How to cancel a contract of donation
You will need
  • the contract of donation
Instruction
1
The contract of donation, according to the current civil law in Russia, it is impossible to "terminate", it can only "cancel". But the term "termination of the contract of donation" quite often found in legal terminology. Termination this contract may occur for a number of reasons. This occurs when the donee has committed an illegal act of attempt at life of the donator or members of his family or to the person in whose name signed the contract of donation, inflicted bodily injuries to the donor. Also the contract is terminated, if the one who was given the thing, treating her inappropriately, for example, so that it can be destroyed. The gift can be returned when the contract of donation stipulates a clause stating that the giver gets the thing back if he survives the donee person. Another reason to cancel the contract of donationis as follows: if, after signing such a contract and the transfer of the property to the donee, the donor changes drastically for the worse financial situation. This usually happens when the subject of donation is the living space.
How to cancel the contract <b>donation</b>
2
In addition, the contract of donation may be cancelled at the personal request of the person this gift was intended. Only to refuse necessary before the transfer of property to a new owner.
How to cancel the contract <b>donation</b>
3
Also the law provides other options to cancellation of the contract of donation. This can be, for example, the recognition of invalidity of the transaction. This often happens when under a contract of donation trying to disguise the transaction of purchase and sale.
How to cancel the contract <b>donation</b>
4
The contract of donation can be considered invalid and in this case, as the fact that the donation is provided only after the death of the donor. Also, if the text of the Treaty there is mention that the donee receives a gift for what he in exchange makes some action at the request of the donor or the donor had to sign a contract, but did not register it, the contract is easy to cancel. Therefore it is necessary very carefully to observe the terms of filling out, signing and registration of the agreement. And also remember the fact that if people wanted to donate, so it is good for you, and so behave towards him and his gift should be very cautious.
How to cancel the contract <b>donation</b>
Note
Cancellation of donation. The donor may revoke the gift if the donee has committed an attempt on his life, the lives of his close relatives or family members, or intentionally caused the donor bodily harm. The contract of donation may be due to that if the donor survives the donee, the contract may be cancelled.
Useful advice
The reason for the cancellation of donation. For its popularity and the frequency of conclusion of the contract of donation, otherwise the donation, is not inferior to other common types of civil contracts. In this respect, Russian legislation provides for a whole Chapter of the Civil code (No. 32), includes ten articles (from 572 through 582 points) that govern this transaction.

Advice 2 : How to cancel the deed to the apartment

In life there are different situations. Today you gave an apartment, and tomorrow found out that you cheated. Or changed conditions of life, and you were on the street without a roof over your head. There are no desperate situations - the contract of donation can be cancel.
How to cancel the deed to the apartment
Instruction
1
Please read the article 578 of the Civil code of the Russian Federation. This article describes the situation when the donor has the right to terminate the contract of donation.
2
Contact the court for termination of the contract donation, if the person you gave the apartment, made an attempt on your health. If the attempt on the life of your relatives and friends, you also have the right to demand return of the gift.
3
Collect evidence and ask to cancel the contract and in that case, if the receiver does not keep your gift, contains the apartment in an unacceptable condition, and there is a threat of full destruction. But in this case you will have to prove that the presented apartment is for you, not property value. For example, in this apartment lived all his life grandpa and grandma. You flat road as a memory of them.
4
If you have experienced bestow, you may request to cancel the contract, but only if in the contract there is a corresponding item.
5
Ask to cancel the deed, if you think that you cheated, or you were misled. This is evidenced by article 178 of the Civil code of the Russian Federation. Please note, this refers to the misconception of the merits or nature of the transaction. Confusion about the motives of the donation is not significant. For example, if at the time of donation you cheated and you didn't understand that losing their homes is a significant misconception. If you gave, because I thought that you love, but it was not so – this is not a significant error, and the court deal not cancelled.
6
Contact the court and in that case, if you put pressure, and you have signed the contract of donation under the threat of violence. In this case, to protect your rights will help article 179 of the civil code.
7
If you have significantly deteriorated the quality of life undermined his health, lost their homes, and so on), you also have the right to demand cancellation of the contract of donation.
8
Please note, the donation contract may terminate not only the donor but also his successors. For example, if the donee intentionally deprived the life of the donor.
9
If one of these conditions occurs, feel free to contact the court. Accept the donation contract is not valid. The law is on your side.

Advice 3 : How to revoke the deed to the apartment

To revoke the deed to the apartment is very difficult, because you need proof that the contract was declared null and void. You need to find irregularities in the process of legalization and registration of the contract of donation. The law stipulates only a few of the reasons why you can cancel the contract of donation, this is dedicated to article 578 of the Civil code of the Russian Federation.
How to revoke the deed to the apartment
You will need
  • — the donation contract;
  • — application challenging the gift deed in court.
Instruction
1
The donee can give the property back to execution and state registration of the contract of donation. Refusal of the gift must be made in writing. If the contract of donation was formalized in a notarial form, the waiver also should be notarized
2
After registration of the deed of gift to the apartment and its state registration, the contract of donation may be terminated only in the following cases:— when the receiver will make an attempt on the life of the donator or members of his family; deliberate causing to the giver of grievous bodily harm.— if the ratio of the receiver to the thing, which represents to the donor the value, creates threat of its loss.
3
In the case of death of the decedent to challenge the deed of gift may be his relatives and heirs. Giver yourself at any time may challenge the deed of gift, for only to him known reasons. To challenge the deed of gift can one spouse in the jointly acquired property, if the contract of donation was concluded without his permission. You can revoke the gift of the apartment, if the property in pledge, or on the rights of any third party.
4
The contract of donation of gratuitous deal. The receiver must not give the donor anything in return gifts of property. In case of cancellation of the contract of donation, the thing must be returned to the original owner. To revoke a donation you can go to court with the claim about cancellation of the contract of donation. Attach to the claim all documents confirming violations in the process of concluding a dedication to the apartment, if any. The court essentially laid out your requirements to revoke a donation based on your arguments.
Note
In case of death of the donee if the condition prescribed in the contract, it is possible to return a gift of property to the donor. In this case, the revocation of the gift does not happen automatically, the donor may use or right to cancellation of donation. If the donor does not exercise its right to revoke the gift, the gift passes to the heirs of the donee.
Useful advice
For cancellation of the contract donation, you should contact an experienced lawyer or notary, because on the basis of judicial practice, it is very difficult to prove the nullity of the contract of donation and to recognize the transaction invalid.

Advice 4 : How to cancel a contract of donation apartments

The deed of gift - a document by which the donor gratuitously transfers or undertakes to transfer to the donee a thing in the property. In accordance with the law to cancel the deed to the apartment can only of the donee, the donor or government agencies. There are several situations in which a possible cancellation of the contract of donation.
How to cancel a contract of donation apartments
Instruction
1
If the donee attempted to take the life or health of the donor or his close relatives, or intentionally caused harm to the health of the donor. In this case, the heirs can through the court to demand the annulment of the contract of donation apartment.
2
If done carelessly, casually refers to the apartment to cancel the deed, you must provide the evidence in court.
3
The gift agreement will lapse if the donor survives the donee. This rule can be spelled out in the agreement on the donation, otherwise the apartment will be transferred by inheritance.
4
If worse health or property and marital status of the giver, then he is entitled to demand cancellation of the contract of donation.
5
Since the donation contract is by mutual consent of the parties, the donee may renounce it at any time before the transfer of the gift. The contract will be terminated.
6
On the initiative of state bodies, the gift contract can be cancelled or declared void. This requires the decision of the court made on General grounds of invalidation.
7
The donor may request the donee to compensate the real damage caused by refusal to accept the gift. For example, to reimburse the costs associated with making a donation.
Note
As a General rule the refusal of a gift shall be made in the same form as the contract itself. Ie it is made in writing, in the case of a written draw up the contract of donation. If the deed of gift was registered, and the refusal to accept the apartment in Dar should undergo this procedure.
Useful advice
It should be borne in mind that will have legal effect and is null and void the deed of gift, which contains a condition about transfer of the apartment for a gift only after the death of the donor. In this case, settlement of an estate.
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