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Publication date: 28.05.2024
The deed of gift
The deed of gift is a legal instrument that allows the transfer of ownership of property from one person (the donor) to another (the donee). However, there may be circumstances where the validity of a deed of gift is challenged by interested parties. In this article, we will explore the topic of challenging or denying a deed of gift, particularly in the context of Ukraine.
Deadlines for Challenging the Deed of Gift:
In Ukraine, the general statute of limitations for challenging a deed of gift is three years. This timeframe begins from the moment when the person became aware or should have become aware of the violation of their property rights as a result of the execution of the deed of gift.
Challenging a Deed of Gift for an Apartment or a House:
There are several grounds on which a deed of gift can be contested, whether it involves an apartment, a house, or any other type of property. The most common reasons include:
1. Lack of genuine intent: If the deed of gift was executed under duress, fraud, or coercion, it may be deemed invalid due to the absence of true consent from the donor.
2. Violation of rights of other heirs: In cases where the deed of gift was executed in a manner that circumvented the rights of legitimate heirs, it may be challenged by those affected parties.
3. Procedural defects: If the deed of gift was not properly notarized or did not meet other formal requirements, it may be susceptible to challenge.
4. Incapacity of the donor: If the donor was not of sound mind or lacked legal capacity at the time of executing the deed of gift, the validity of the instrument may be questionable.
The Process of Challenging a Deed of Gift in Ukraine:
In Ukraine, the process of challenging a deed of gift is carried out through the court system. To initiate the process, the interested party must file a lawsuit with the appropriate court, clearly stating the grounds for contesting the validity of the deed of gift.
It is important to note that the burden of proof lies with the party challenging the deed of gift. The court will evaluate the evidence presented and determine whether the grounds for invalidating the deed of gift are sufficient.
If the court rules in favor of the challenging party, the deed of gift will be deemed invalid, and the ownership of the property will revert to the donor or their legal heirs, as applicable.
Contesting Inheritance by Deed of Gift:
In some cases, a deed of gift may be challenged in the context of inheritance disputes. For example, if a deed of gift was executed in a manner that unjustly deprived legitimate heirs of their rightful inheritance, those heirs may have grounds to contest the validity of the instrument.
Deadline for Challenging a Deed of Gift for an Apartment:
As mentioned earlier, the general statute of limitations for challenging a deed of gift in Ukraine is three years. This deadline applies to deeds of gift involving apartments, houses, or other types of property. It is crucial to act within this timeframe to preserve the right to contest the validity of the deed of gift.
In conclusion, challenging or denying a deed of gift is a complex process that requires careful consideration and legal expertise. If you find yourself in a situation where you need to contest a deed of gift, whether it involves an apartment, a house, or any other property, it is advisable to seek qualified legal assistance to protect your rights and interests effectively.
