How can you challenge the gift

It is rather difficult to challenge the gift for an apartment (donation agreement) and this can be done only after the death of the doning for three years from the date of registration of the contract. But in life, having learned about the intention of a relative to give real estate to anyone, nothing will succeed, as any person has the full right to dispose of its own property at its discretion.

After the death of the donor, his relatives may challenge the donation contract exclusively through the court. And the grounds for challenging should be sufficiently sufficient. There are chances of victory if the donation agreement was incorrect (for example, if the gift involves the transfer of real estate as a gift only after the death of the donor). According to the Civil Code of the Russian Federation, a similar contract is considered insignificant, and relatives can enter into the right of inheritance by law.

In addition, it is possible to challenge, which was signed by an incapacitated donor. In this case, the cause of challenging is the inadequate, unbalanced behavior of the donor. Or can it be challenged if it is proved that a person signing a gift, did not understand what he does (for example, was drunk, under the influence of narcotic drugs).

If the property of spouses was promoted in marriage, disagreement of one of the spouses to execute the gift also can act as a reason for challenging the contract of donation. In this case, the protester spouse should assure his disagreement notarially. However, if the property under consideration was owned by the donor before marriage, then the consent of the second spouse is not required, it will not be possible to challenge the gift.

You can challenge the contract of donation if the gift was issued illegally, and the gifted from the gift did not refuse. The transaction illegality is negotiated in the Civil Code:

the civil servant cannot accept this kind of gifts proposed due to official status, activities;
nurses, doctors, teachers, educators, social workers, their spouses, relatives do not have the right to accept domestic people who are in these institutions on treatment, education, content;
representatives of minor children, incapacitated people cannot take donated from the wards.

You can challenge a deal that was committed from ignorance. For example, an elderly person did not know, he did not explain that when signing the Darment Agreement in favor of someone from loved ones, real estate will go into their property immediately, and not after his death. Or in the event that the transaction is recognized by imaginary: it was committed to evade tax payments when the purchase and sale of the premises and was framed as a gift.

If the donor threatened, blackmail in order to sign a contract of donation, that is, the contract was signed under pressure, there are all the chances to challenge. This is the case where the transaction for the donor was very profitable, but he could not refuse her due to the circumstances. If there is a fact of attempted life, the health of the donor from the part is being believed, he has the right to refuse to give a gift (if it has been proven that the gifted caused injury to the donor intentionally or preparing his murder).

If a gifted person has applied to real estate that does not fit, the donator can cancel the domestic one.

In the case when the gifted dying has previously donates, in the gift, it is better to register the authorities of the donor to cancel its decision on the gift of real estate due to the premature onset of death being believed.

As for legal entities, it is possible to challenge the gift in the event that an individual entrepreneur, Jurlso will be announced bankrupt at that time when he acted as a donor.

It should be remembered that each case is individual, so you can find out in advance whether it will be possible to challenge the gift, it is impossible. Increase the chances of a positive outcome of the case, contacting an experienced lawyer, which understands all the intricacies of the trial and perfectly knows the legislation.