To invalidate duly executed the deed of gift only for good, proven reasons.
In the fall of 2015 for me - counsel on civil cases for legal aid, addressed the citizens R.. their ownership had half of the house, received as a gift from a relative. The gift agreement fully met the requirements of the law to form and content. Was registered in Rosreestra.
However, after the death of a relative, her daughter and the legal heir is a citizen O., decided to challenge the agreement in court. The plaintiff argued that her mother did not give a report of his actions when he signed the deed of gift. In old age she was seriously ill, suffered from nervous disorders.
Me, a lawyer in civil cases - a representative of the defendants, it was stated that the plaintiff has not provided evidence of the mother at the conclusion of the contract any mental illness. Themselves of painful conditions in the elderly, nervous disorders, does not prove the fact of mental disorders.
Moreover, we have provided the court with the results of the medical examination of the plaintiff's mother during the period of signing the contract. Conclusion psychiatrists testified about the absence of her mental illness.
Also been disproved and the arguments of the plaintiff that about the contract of donation, she learned only after her mother's death. From materials other civil case involving the plaintiff implied that she, long before his mother's death, could not know about membership of the house of the citizens R..indicating the passage of the limitation period.
March 14, 2016, having considered the civil case No. 2-91/2016, the Dmitrovsky city court of Moscow region the claim about a recognition of the donation contract void, the recognition of plaintiff's rights of ownership of the 1/2 of the house, refused.
The outcome of the case in civil proceedings largely depends on the ability to argue their own conclusions and to refute the evidence of the other side.
If you claim real estate, be sure to use the services of experienced lawyers in civil cases.
With Respect, counsel on housing disputes Lyzhin Vladislav Mikhailovich.