To challenge the contract of donation you can in the following cases: if the donee attempted to donor (caused serious bodily injury); if you do not ustaivayte treatment bestowed with the thing you gave him; the court to declare the transaction null and void; if in the deed of gift specified that the transaction is canceled in case of death of the donee.
In practice, to cancel the deed is very difficult, because you need to prove the circumstances that require termination of the contract of donation. The reason that affect chargeback, are the facts pointing to its illegality. For example, a contract of donation was concluded under pressure as a result of blackmail, deception, or the person that makes the gift, not aware of their actions.
To the transaction was declared null and void or to terminate the contract of gift in court, gather all the facts about this. This can be a certificate from the hospital about causing bodily harm to the donor; a copy of the police report; certificate of recognition of the donor is incapacitated, etc.
You can try to prove that written and signed agreement of donation does not meet the requirements specified in the legislation of the Russian Federation. For example, not complied with the requirements of the civil code to the transaction form.
Serve the statement of claim in court. According to article 131 of GPK of the Russian Federation it should be specified the name of the court, the claimant (name, address), name of the Respondent, the circumstances underlying the claim, evidence, what specifically violated the rights of plaintiff, costs of suit, the list of attached documents. If the statement is correct, within 5 days the judge will make a determination on initiation of civil proceedings. In case of incorrect filling of the document possible failure in the making or a refund. In case of refusal you will make a determination, in connection with which refused to Institute civil proceedings. Refund most often occurs in the jurisdiction of the case to this court.
Advice 2: How to dispute a gift
Donation, or donation, refers to the normal transaction. Against her are all the principles and rules applicable to other transactions and agreements. The deed of gift shall come into force from the moment of state registration. Before registering it, you can simply cancel, and after it - to challenge only in court.
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.
In recognition of the donation contract void the donee returns the property to the donor. Not reimbursed expenses for payment of taxes and state fees in connection with the ownership of property.