Do you need a notary when donating an apartment?

What is a gift deed?

Content

A gift agreement (hereinafter referred to as DD) is a bilateral transaction, according to which one citizen undertakes to transfer movable or immovable property to the second free of charge.

He has no right to put forward counter conditions - such an agreement is considered sham. A sham transaction is a transaction made to cover up another transaction. If there are demands for payment, the rules of purchase and sale must be applied (Chapter 30 of the Civil Code of the Russian Federation).

People usually call a gift agreement a “deed of gift,” but this concept is not used in official documents. From a legislative point of view, the registration of DD is regulated by Chapter. 32 of the Civil Code of the Russian Federation.

What are the main features of this deal:

1. You can draw up a deed of gift, which will come into force after signing, or with a time delay - a deed of gift in the future. The document must indicate the date from which the donee will become the full owner or will be able to re-register ownership of the property.
2. Before March 1, 2013, it was necessary to register the DD of real estate in Rosreestr. Now this rule does not apply, but the transfer of ownership must be registered under the deed of gift.
3. The moment of transfer of the gift is considered to be the actual transfer of keys, things or title documents.
4. The transaction is concluded orally or in writing, depending on the situation. Let's consider this issue in detail below.
5. DD is issued only on a voluntary and free basis.

Since a gift is recognized as a bilateral transaction, the consent of the recipient to accept the gift is required. Before making an oral or written gift, you must agree with him about this. The donee has the right to refuse the gift (Article 573 of the Civil Code of the Russian Federation). Refusal of an oral gift is made orally, and of a written gift - in writing.

In short: donations are made orally or in writing, depending on the type of gift. The recipient's consent to the transaction will be required. The transfer of rights to real estate is subject to state registration.

Parties to the gift agreement

According to the DD, the parties are the donor and the donee. There may be several of them: for example, two givers and one recipient of the gift, and vice versa. The number of parties is not limited. The donor undertakes to give the gift, and the recipient undertakes to accept it.

Donation of real estate to a foreign citizen

Income from sources in the Russian Federation and income from sources outside the Russian Federation 1. For the purposes of this chapter, income from sources in the Russian Federation includes: 5) income from the sale of: real estate located in the Russian Federation; Article 209. Object of taxation The object of taxation is income received by taxpayers: 1) from sources in the Russian Federation and (or) from sources outside the Russian Federation - for individuals who are tax residents of the Russian Federation; 2) from sources in the Russian Federation - for individuals who are not tax residents of the Russian Federation.

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What form does the contract take?

The DD is drawn up orally or in writing (Article 574 of the Civil Code of the Russian Federation).

Oral

An oral agreement is considered concluded from the moment of transfer of the donated item, keys, etc. You can give a pet, digital equipment, or household appliances without a written deed of gift.

Example:

The man decided to donate a washing machine to his friend. The moment of conclusion of the transaction is the date and time at which the donee picked up the equipment.

Written

A written form of DD is required in several cases:

• real estate is donated;
• the donor is an organization, the value of the gift exceeds 3,000 rubles;
• the donor wants to make a gift in the future.

The paper agreement is signed by both parties - the donor and the donee.

Example:

The woman owns an apartment, purchased during marriage. There was no division after the divorce. To donate real estate, a notarized consent of the ex-spouse for donation to a common child is issued. After this, an agreement was drawn up, and ownership was registered through the MFC. The minor became the full owner.

Lawyer's advice: even if you want to give an item where a written form is not required for the transaction, it is better to draw up an agreement on paper. This will make it easier for the parties to prove their case if a third party or the donor decides to challenge the DD, arguing that the donor is intoxicated, incapacitated, or physically or psychologically pressured by the recipient at the time of drawing up the deed of gift.

Briefly: donation is made orally, with the exception of cases of mandatory written registration: transfer of a gift worth over 3,000 rubles. from an enterprise, a promise of a gift in the future, a gift of real estate and other things, the transfer of ownership of which is subject to state registration. Before donating real estate, you need to register people, but you can also donate it with the right of residence by agreeing with the donee. If children are the recipients, permission from the guardianship authorities will not be required. You cannot give property to minors.

Registration of a deed of gift for a brother or sister in 2020

Based on the information established in Article 572 of the Civil Code of the Russian Federation, the legislator understands a gift transaction as a gratuitous transfer of property benefits from the property of one person to another. Thus, we can distinguish the following features characteristic of the registration of a deed of gift:

1. The donation must be gratuitous (according to Articles 167, 170 of the Civil Code of the Russian Federation, as well as paragraph 1 of Article 572 of the Civil Code of the Russian Federation, the absence of gratuitousness is grounds for recognizing the transaction as invalid and sham);
2. the contract must be concluded between 2 parties - the donor and the donee;
3. when registering a deed of gift, there is a transfer of ownership of the donated property;
4. The object of donation can be any thing or benefit that is in civil circulation at the time of the transaction.

Regarding the form, the donation can be formalized either in simple written form (which is preferable) or orally. In addition, according to Article 163 of the Civil Code, participants in a transaction have the right to notarize a deed of gift by contacting a specialist at a notary office for the appropriate service.

It is worth noting that in 2020, almost any person and, in some cases, organizations can act as parties to the donation. However, most often, transactions concluded orally are formalized between relatives, between whom trusting relationships have been established, which, however, does not exclude the possibility of conflict situations arising in the future.

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Also, the legislator has defined restrictions and a ban on donations when incapacitated and minor citizens participate in a transaction (according to Article 575 of the Civil Code of the Russian Federation). So, for example, the listed categories of persons are prohibited from participating in donation as a donor, which does not prevent them from acting as recipients.

It is also important to remember that the process of registering a deed of gift between sisters and brothers does not have any differences or features that would distinguish this transaction from a deed of gift (except for the clause noting the presence of family ties necessary for exemption from income tax), in which distant relatives or strangers act as parties, because each such agreement must comply with the mandatory criteria established for such transactions by the legislator.

Features of the gift agreement

The transaction is characterized by several features that should be taken into account if other people are registered in the donated real estate, especially children.

It is important to know what happens to a gift if the recipient dies before the donor.

If people are registered in the apartment

Registration does not give ownership rights, however, before donation, registered people must be registered. This can be done voluntarily or forcibly - through the court.

If desired, it is allowed to indicate in the deed of gift the conditions regarding the right to use real estate by registered citizens; this is agreed upon by the parties.

It is more difficult with registered minors. It is impossible to write them out just like that, without providing an alternative place of registration.

Cancellation of registration in the donated property with subsequent registration in another housing is carried out with the consent of the guardianship authorities. The new living space should not be worse than the old one in terms of room size, location, and infrastructure.

If the donor is married

Property acquired during marriage is considered joint property. An exception is the presence of a marriage contract, according to which all valuables acquired by one of the spouses belong to him.

If there is no marriage contract, the consent of the other person is required for the donation of common property. Permission to donate real estate must be certified by a notary.

Sample of a spouse’s consent to donate an apartment (under deed of gift):

If you draw up a DD without the consent of your spouse, he will be able to challenge the transaction within 1 year from the moment he became aware of its conclusion.

If the donor survives the donee

According to paragraph 4 of Art. 578 of the Civil Code of the Russian Federation, if the DD provides for a condition of cancellation in the event of the death of the donee, the donated property is returned to the donor. In the absence of this condition, the gift is returned to the donor if the recipient did not manage to re-register ownership.

Important! If according to the documents the donee is already listed as the owner, the transaction is not cancelled.

Example when cancellation is not possible:

The man gave the woman’s apartment, the transfer of ownership was registered in Rosreestr. The recipient dies. The transaction cannot be canceled; the property will be inherited by legal successors.

Example when cancellation is possible:

The donee received a gift of real estate. The deed of gift has been drawn up, but registration in Rosreestr has not been made. The housing is returned to the donor through the court.

If there are several donors

Several people have the right to act as donors if they are the owners of the donated property. The deed of gift must indicate the details of each of them, as well as the size of their shares.

Sample gift agreement from two donors:

If the owner is a minor

Transactions on the alienation of property are coordinated with the guardianship authorities. It is impossible to obtain permission to donate real estate to a minor, because we are talking about the deterioration of his situation - nothing is provided in return.

If the donee is a child

Children can receive any gifts. If the deed of gift is drawn up in writing, the consent of the child’s parents will be required. When the donee is under 14 years of age, all documents are signed by representatives, from 14 to 18 years old - by children.

Payment procedure and responsibility

Let us immediately note that in 2020 no important changes were introduced in the taxation of donated property and the procedure for paying personal income tax remained the same as last year.

To pay tax, a non-relative payer must:

1. independently calculate the actual amount of personal income tax, guided by the total price of the real estate donated to him;
2. correctly fill out and submit the declaration to the Federal Tax Service by April 1 of the year following the year the gift was accepted;
3. pay the tax amount by July 15 of the year following the year of acceptance of the object as a gift.

In 2020, all this is much easier to do than before. For example, to correctly fill out the declaration, you can use the nalog website. ru .

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Responsibility for failure to fulfill these duties in a timely manner or for ignoring them is established:

• if the payer has not filed a declaration and has not paid the tax, according to the Tax Code of the Russian Federation, namely Article 119, an individual may be fined 5% of the total amount of tax due for payment (monthly, but not more than 30%);
• a penalty for late tax payment will be added to the amount of fines;
• if the declaration was submitted by the payer on time, but the personal income tax payment was made with a delay, no fine is charged, but instead a penalty is imposed, the amount of which is 1/300 of the refinancing rate of the Central Bank of the Russian Federation daily.

In any case, receiving real estate through a gift, even taking into account the mandatory payment of tax for non-relatives, is a very profitable deal for the recipient. At the same time, according to current legislation, the donee may refuse to accept the gift until the real estate is registered and ownership rights to it are obtained.

If the donee wants to take ownership of the property, he needs to approach this issue (paying income tax) with all responsibility in order to avoid penalties and fines.

What can you give as a gift?

According to the DD, you can donate any movable or immovable property: a car, a stereo system, a smartphone, a plot of land, etc. Let’s consider the nuances in detail.

Real estate

According to Art. 130 of the Civil Code of the Russian Federation, property is considered immovable if its movement inevitably causes irreversible destruction:

• unfinished construction projects;
• houses, apartments, dachas;
• land;
• structures;
• other buildings.

If you own an apartment and all the documents for it are drawn up correctly, you can give it to another person without any problems.

Movable things

Movables are things that can be moved without damaging their condition and appearance:

• cars;
• Appliances;
• money;
• tools;
• furniture.

This is just a short list of movable items. You can give anything as long as the item belongs exclusively to you. In other cases, the consent of other owners will be required.

Who can I give a gift to?

If you are the owner of a gift, you have the right to dispose of it as you wish and give it to anyone. However, each case has its own characteristics.

To a close relative

Close relatives are considered to be children, parents, spouses, grandparents. Oral or written donations are made with their consent.

Unlike other categories of citizens, they will not have to pay tax when donating real estate - they are exempt from payment.

For a minor child

If the child is yours and the gifted property was purchased during marriage, the consent of the spouse will be required. In other cases it is not needed. For children under 14 years of age, parent-donors have the right to sign independently, therefore, despite the indication of two parties to the transaction in the contract, it is actually carried out by one person - the parent-donor.

If you want to give a valuable item to someone else's child, you can only act with the permission of the parents.

Sample gift agreement for a minor:

Son or daughter

Adult children of donors participate in the transaction independently. If they are married, the donated property becomes their sole property, and in the event of a divorce it will not be divided (Article 36 of the RF IC).

Sample agreement for donating an apartment to a son or daughter:

Legal advice: if you want to donate real estate on a specific date (for example, a wedding), draw up a promise of gift agreement. It will come into force from the moment of marriage.

Sample contract of promise to donate an apartment in the future:

Gift between spouses

One spouse has the right to donate to the other property purchased before marriage or acquired as a gift.

If the gift was purchased during marriage, the consent of the second person does not need to be formalized - he will already confirm it by signing the deed of gift.

To a third party

A third party is a person who is not the donor's spouse or relative.

You have the right to give him a movable or immovable thing, keeping in mind the specifics of the transaction in the case of acquiring property during marriage, as well as a child having ownership rights. This is described earlier.

Legal consultation

In preparation for the transaction, the seller must collect the main package of documents for execution and state registration of the purchase and sale agreement. The traditional list of documents includes title documents for an apartment (a contract of sale, exchange, donation, rent, or a transfer agreement by privatization, or a certificate of inheritance, etc.), a title document, namely a certificate of state registration of rights property (note that until 1999, certificates of home ownership were not issued in all cases), an extract from the house register confirming the fact of registration of persons in the living space, an explication and a floor plan issued by the BTI authorities. If the title owner of the apartment acquired it while married, then when alienating the apartment it is necessary to obtain the consent of the spouse to sell the apartment. Depending on the nature of the transaction, other documents may be additionally required.

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Is certification required by a notary?

It is necessary to have a deed of gift certified by a notary if a share in the right of common property is being given, and only one owner is involved in the donation. Also, a notary’s signature will be required when alienating the property of a minor or person with limited legal capacity.

If you are giving real estate or a car purchased during marriage, and the recipient is not your spouse, you will need a notarized consent to the transaction.

Cost of notary services

The deed of gift certificate will cost 0.5% of the value of the donated property. Minimum – 300 rubles, maximum – 20,000 rubles. (Article 333.24 of the Tax Code of the Russian Federation). If a movable thing is donated, the tariff is determined by Art. 22.1 “Fundamentals of legislation on notaries”:

• children (born or adopted), brothers and sisters, parents - 0.3%, from 200 rubles;
• for other persons – 1%, minimum 300 rubles.

A fixed price is set for the agreement - 500 rubles.

The tariff is calculated on the basis of documents confirming the cost:

1. Market. Indicated in an expert opinion issued by outstanding organizations or individual entrepreneurs that have a state license for appraisal activities.
2. Cadastral. Confirmed by an extract from the Unified State Register.
3. Inventory. Indicated in the BTI certificate based on the assessment results.

For real estate, it is relevant to use the cadastral value, for movable things - the market value.

Example:

A man gives a house and a car to a woman. Along with the house, according to the law, ownership is transferred to the land plot on which it is located. The cadastral value of real estate in total is 4,000,000 rubles. The market value of the car is RUB 3,000,000.

For certifying the donation of real estate by a notary, a fee of 0.5% is paid:

4,000,000 x 0.5% = 20,000 rub.

For donating a car, a notary fee is paid:

3,000,000 x 1% = 30,000 rub.

20,000 + 30,000 = 50,000 rub. – total amount.

Note! If you want to entrust the preparation of the DD to a notary, the service is paid separately. It is not included in the duty or tariff.

Methods for registering a gift agreement

You can create a DD in several ways:

• from a notary, even if the deed of gift is not subject to notarization;
• from lawyers;
• on one's own.

Let's look at the advantages and disadvantages of each.

Notary

Contacting a notary for a certificate has several pros and cons:

Lawyers

There are more advantages to contacting a lawyer:

1. Moderate cost of services. On average, drawing up a DD will cost 2,000-5,000 rubles. At a notary the price can be tens of thousands.
2. High literacy. If you find a good lawyer, he will draw up an agreement taking into account all the features and wishes, without ignoring the norms of the law. It will be difficult to challenge him.
3. Additional help. If necessary, a lawyer will advise on the problem and find the best solutions. Notaries provide consultations for an additional fee.

There are no disadvantages in this case. By contacting a competent lawyer, you can get a ready-made DD taking into account all the individual features of the transaction.

On one's own

Drawing up a deed of gift yourself has only one advantage - it is free.

There are more disadvantages here:

1. You need to know the laws. If you draw up a DD without complying with legal norms, it can easily be recognized as invalid, feigned or void.
2. High risks. Incorrect preparation of the deed of gift may result in Rosreestr’s refusal to register the transfer of ownership.
3. Opportunity to challenge. Having drawn up a DD on your own and without knowing the legislation, there is always a chance that one of the parties will decide to cancel it.

Briefly: property can be gifted to anyone, but for transactions with minors, parental consent will be required. Prices for notarization are based on the tariff or state duty. It is better to draw up an agreement with lawyers: it will not cost much, but will eliminate the risks of challenging or refusing registration.

Is it possible to draw up a gift deed by power of attorney?

You can draw up a DD using a power of attorney.

This is usually required in several situations:

• illness of the donor, due to which he cannot appear before the notary;
• stay of the owner in another city;
• lack of time to complete documents.

Both the donor and the donee, or both parties at the same time, have the right to issue a power of attorney. It is important to consider that they do not have the right to represent each other’s interests, because are interested parties.

There are several types of powers of attorney:

• general: allows you to make any transactions with property;
• one-time: gives the right to perform a one-time action;
• special: drawn up for a specific transaction, the number of actions of the attorney is not limited.

Legal advice: it is better to issue a special power of attorney. A one-time one is only suitable for signing a DD, but the representative will no longer be able to submit documents for registration. A general power of attorney is fraught with great risks for the principal: having received it, the attorney will be able to conduct any transaction on behalf of the owner, including selling his property.

Taxation when registering a deed of gift for a brother or sister in 2020

So, according to the current legislation, every citizen-owner who legally owns certain property benefits that are not prohibited in civil life has the right to dispose of his property at his own request, including giving it to relatives or strangers.

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Limitation period for challenging donation transactions

At the same time, based on the RF IC, in addition to full and half-sisters and brothers, there are first cousins, second cousins, etc. Of course, donation of property can be made in favor of any of the listed persons, because the degree of relationship does not affect the process of registering a gift. The same cannot be said about the taxation of such transactions.

Article 208 of the Tax Code of the Russian Federation provides for income tax payable by persons acting as taxpayers. The personal income tax itself is calculated based on the tax base, as well as the amount of profit made by the taxpayer (according to Articles 210 and 224 of the Tax Code of the Russian Federation), because the legislator equates the acceptance of property as a gift to the person receiving profit (the donee does not spend personal funds on the purchase of an item, but still becomes its owner). Today, the amount of this tax is 13% of the total value of the gift received.

However, depending on the circumstances, the tax rate may vary. For example, important for its calculation is the fact of whether the taxpayer is a resident of the Russian Federation or not.

At the same time, based on the information described in Article 217 of the Tax Code of the Russian Federation, namely in subclause 18.1 of paragraph 1, there are exceptions, the presence of which is the basis for exemption from the mandatory payment of personal income tax when registering a deed of gift, and these are:

1. close relatives act as donor and recipient;
2. donation of funds and transactions in kind (except for cases with securities, shares, vehicles, etc.).

Thus, based on the above, we can conclude that full and half brothers, as well as sisters, being taxpayers, are exempt from paying income tax when accepting property benefits . But cousins ​​(other sisters and brothers) will have to pay personal income tax on a general basis.

How to donate movable property?

To donate movable things, registration is not required; notarization is almost always not required. Written form is not required.

Let's look at the example of donating a car:

1. The donor gives the recipient the keys to the car, and information about the new owner is entered into the PTS.
2. The donee buys compulsory motor liability insurance and goes to the traffic police for registration.

Important! Registration of a vehicle and registration of ownership are two different things. The ownership of the car to a specific person is confirmed by the deed of gift, PTS and STS.

Documentation

To make a verbal gift of movable property, it is sufficient to transfer documents confirming ownership. For a written transaction, you will additionally need the passports of the parties. If the donor decides to enter into a donation agreement for a car, you can use the sample below:

Sample car donation agreement:

Drawing up a real estate donation agreement: step-by-step instructions

The procedure for registering a DD consists of several stages: drawing up an agreement, notarization (if required), registration with Rosreestr. Let's look at it in detail.

Step 1: drawing up a deed of gift

The DD can be drawn up in any way: independently, from a lawyer or a notary. The presence of both parties or their representatives is mandatory.

Sample donation agreement

The real estate donation agreement must contain information about:

• date and place of compilation;
• Full name, passport data, dates of birth of the donee and the donor;
• real estate: address, area, floor, number of rooms, etc.;
• the donor’s desire to transfer the housing for use free of charge;
• the desire of the recipient to accept the gift;
• effective date.

The DD is drawn up in three copies, each with the signatures of the parties.

Sample apartment donation agreement:

Sample agreement for the donation of a share of an apartment (deed of gift):

Sample land donation agreement:

Sample garage donation agreement:

Documentation

For the transaction you will need the passports of the parties, 3 forms of the agreement, as well as documents for the property:

• cadastral passport;
• extract from the Unified State Register or certificate of ownership;
• technical plan;
• spouse's consent to donation;
• purchase and sale agreement, certificate of inheritance or other document confirming the emergence of ownership rights of the donor.

If a minor is involved in the transaction, a birth certificate is provided.

Step 2: certification of the deed of gift by a notary

If the DD requires notarization, you need to contact the notary at the location of the property with the documents presented above.

The fee and tariff are paid before the service is provided; details can be obtained from the notary's office.

Step 3: registration of transfer of ownership of real estate

If the DD has been completed and the documents have been collected, for registration you need to contact the MFC or directly to Rosreestr. The donor and recipient must come together and submit an application.

State duty

Re-registration of real estate to a new individual owner will cost 2,000 rubles. For organizations the amount is 22,000 rubles.

Documentation

For registration, an agreement and the documents presented above are provided.

Step 4: re-registration of the owner

The application is considered within 10 days, after which the recipient must come to Rosreestr or the MFC for a new extract from the Unified State Register. The appearance of the donor is optional.

Gift deed from sister to brother

So, we have already found out above that those brothers and sisters who have at least one common parent are classified by the legislator as close relatives.

Therefore, there are no differences between a donation made in favor of a sister or brother, and in this case, you can also be 100% confident in the transparency and indisputability of the transaction, taking into account all the norms and requirements imposed by the legislator for any other gift.

Giving an apartment to a sister or brother in 2020

Legal transactions involving real estate are considered one of the most complex. Drawing up a donation agreement for a house, apartment or other housing is no exception. Let's look at what exactly you should pay attention to when acting as one of the parties to such a deed of gift in 2020, using the example of donating an apartment to your sister or brother.

Having studied Articles 15 and 16 of the Housing Code of the Russian Federation, we can come to the conclusion that by the concept of an apartment, the legislator understands a living space that has all the conditions for normal living of citizens and is part of the house along with similar objects.

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Donor under a gift agreement - rights and obligations

As we already mentioned above, each deed of gift, the subject of which is real estate, must be formalized, in accordance with Article 574 of the Civil Code of the Russian Federation, in simple written or notarial form. At the same time, it is worth noting that notarial support of a transaction or certification of an agreement, according to Article 163 of the Civil Code of the Russian Federation, is not mandatory in 2020.

In addition to the mandatory compliance with the simple written form of the gift agreement, this type of transaction requires state registration of property rights (in accordance with the Federal Law “On State Registration...”). To carry out this procedure, the donee will have to pay a mandatory state fee, the amount of which for 2020 is 2,000 Russian rubles (based on subparagraph 22 of paragraph 1 of paragraph 333.33 of the Tax Code of the Russian Federation).

To correctly carry out this procedure, the parties to the deed of gift must personally apply with the relevant documents to the registration authority. The package of documents required to provide today includes:

1. statement;
2. identification documents of the donor and the recipient;
3. deed of gift in 3 copies;
4. title documentation for living space;
5. receipt of successful payment of state duty;
6. birth certificates of the parties (optional), etc.

Since the object of donation in our case is a residential premises, the agreement must necessarily describe the properties and characteristics of the living space, thanks to which this object could be distinguished from similar objects. Typically, the act indicates:

• address;
• floor;
• square;
• number of rooms;
• data from technical and cadastral passports.

If not the entire apartment is given as a gift, but its share, its size must be determined in the contract.

In addition, agreements for the gratuitous transfer of an apartment must sometimes include special clauses, which should include a link to state registration, a list of title documents, a list of persons who will retain the right to reside in the donated living space after the transaction, information about encumbrances, etc.

Important : Also, in the gift agreement between brothers and sisters, it is recommended to indicate the degree of relationship that exists between the parties to the gift deed. This is necessary to exempt the donee from paying personal income tax.

Another important point in such an agreement is the actual market total value of the property at the time of the transaction. In addition to all of the above, as an annex to the agreement, the parties to the transaction can draw up a so-called transfer and acceptance certificate, which will become a guarantor confirming the parties’ fulfillment of the agreement.

Experienced lawyers on our site also recommend including a list of obligations, conditions and grounds (for example, for changing or canceling a donation) in the deed of gift for an apartment.

We also remind you that the donating party, being the original owner of the property, has the legal right to terminate the deed of gift (Articles 577 and 578 of the Civil Code of the Russian Federation), and the donee may refuse to accept the gift (according to Article 573 of the Civil Code of the Russian Federation).

How to terminate the contract?

Termination of a DD is carried out voluntarily or in court. In the first case, it is enough for the parties to enter into an additional agreement to the main agreement.

If the DD was certified by a notary, the agreement is subject to notarization.

Sample termination agreement

The document must contain the following information:

• personal data of the parties;
• details of the DD being terminated;
• a reference to the desire to cancel the deed of gift;
• date of termination;
• signatures.

Sample agreement on termination of a gift agreement:

Grounds for cancellation at the initiative of the donor

Based on Art. 578 of the Civil Code of the Russian Federation, the donor has the right to cancel the DD through the court for one of several reasons:

• the donee made a deliberate attempt on the life and health of the donor or his relatives;
• the recipient mistreats the donated item, there is a risk of irretrievable loss, and for the donor it represents great non-property value;
• death of the donor, if the donee dies before registering the transfer of ownership rights and such a possibility is provided for in the DD.

If the court satisfies the claim for cancellation, the donee undertakes to return the gift in its original form. If the donated item is lost, its value is reimbursed.

Important! In the event of the death of the donor due to the fault of the donee, the right to demand cancellation of the DD is transferred to the heirs. Also, such a requirement may be made by creditors if the donor has filed for bankruptcy. In the latter case, transactions made in the last six months before the citizen applied to the arbitration court are annulled.

Arbitrage practice

Judicial practice on the cancellation of donations is not very rich, however, from the available cases it can be concluded that a well-founded statement of claim and the provision of all evidence by the plaintiff is the key to a successful resolution of the case.

Having completed everything correctly, you can achieve the cancellation of the deed of gift in several meetings.

Here are some examples of real solutions:

• Decision No. 2-597/2019 2-597/2019~M-515/2019 M-515/2019 dated June 13, 2020 in case No. 2-597/2019;
• Decision No. 2-3438/2019 2-3438/2019~M-1925/2019 M-1925/2019 dated June 10, 2020 in case No. 2-3438/2019;
• Decision No. 2-58/2019 2-58/2019~M-57/2019 M-57/2019 dated May 16, 2019 in case No. 2-58/2019.

Briefly: the deed of gift is canceled through the court if the donee commits a crime against the donor or his relatives, or there is a threat of loss of property. The contract is voluntarily terminated by additional agreement.