Publication date: 30.05.2024
Лоер
Contesting inheritance by gift: procedure and features.
Darcha, or gift contract, is a common way of transferring property, in particular apartments, houses and other valuable objects. However, sometimes situations arise when the heirs or other interested persons believe that the gift was concluded with violations and wish to challenge it in court. In this article, we will consider how to appeal inheritance by gift, what grounds exist for this, and what procedure must be followed.
Grounds for contesting the gift
In order to successfully challenge a gift, you must have good reasons. The main grounds for denying gift tax in Ukraine include:
Invalidity of the agreement due to violation of the law: for example, if the donor was not legally competent at the time of the conclusion of the agreement, or if the agreement was entered into under duress or with deception.
Inconsistency in the form of the agreement: the contract of donation of immovable property must be concluded in writing and notarized.
Violation of the rights of third parties: for example, if the gift violates the rights of the legal heirs to a mandatory share in the inheritance.
Terms of appeal of gift
The period during which it is possible to appeal the donation is limited. The terms of contesting the gift depend on the grounds on which it is contested:
Three-year term: the general statute of limitations for challenging agreements, including gifts.
One-year term: for contesting agreements concluded under the influence of deception, violence, threats or in the case of a significant coincidence of grave circumstances.The procedure for appealing a gift
The procedure for contesting a gift tax on an apartment in Ukraine or other property includes the following stages:
Collection of evidence: preparation of documents confirming grounds for appeal (medical certificates about the donor's state of health, witness statements, expert opinions, etc.).
Consultation with a lawyer: obtaining professional legal assistance for the preparation of a lawsuit and strategic planning of the legal process.
Filing a claim: filing and submitting a claim to the court at the defendant's place of residence or property.
Judicial proceedings: participation in court hearings, presentation of evidence and arguments in support of one's position.
Denial of gift for an apartment and other property
Denial of gift for an apartment, house or other immovable property has its own characteristics. In particular, it is necessary to prove the invalidity of the agreement or violation of the rights of the heirs. An important aspect is that the gift contract can be denied both in whole and in part.
Examples from judicial practice
Court practice shows that successful cases of denial of a gift for an apartment are often based on medical reports about the incapacity of the donor or on evidence of the use of pressure during the conclusion of the agreement. For example, a challenge to a gift house can be successful if it is proven that the donor suffered from a mental illness at the time of concluding the contract, which made him incapable of understanding his actions.
Conclusion
Challenging inheritance by gift is a complex and multi-stage process that requires clear legal reasoning and collection of sufficient evidence.The terms of contesting a gift tax on an apartment or other property are limited, so it is important to act quickly and decisively. Seeking professional legal help is the key to success in such a case. Taking into account all the nuances and features, it is possible to reach a fair decision that will protect your rights and interests.
