You will need
- — the donation contract;
- — application challenging the gift deed in court.
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
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.
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.
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.
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.
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.