Have you donated a house, apartment or land to someone? And instead of gratitude, you received only indifference, hostility, or even grudges from the recipient? How can you proceed?
Have you donated a house, apartment or land to someone? And instead of gratitude, you received only indifference, hostility, or even grudges from the recipient? How can you proceed?
A gift deed can only be revoked in exceptional situations.
The most common reason is ingratitude of the donee (e.g. physical assault or serious breach of good morals).
The second reason is the donor’s need, when he or she does not have the means to support himself or herself.
The gift can be revoked within 1 year after the donor becomes aware of the ingratitude.
If the donor cannot return the gift, he must reimburse its normal value.
Are you dealing with a dispute over a donated apartment or land? We can help you prepare a gift revocation or represent you in court.
Mr. Kamil had a bad experience with a land donation and turned to us. Some time ago he gave his nephew a plot of land next to his house. His nephew planned to build a house there. However, once all the formalities were completed and the signed contract was sent to the land registry, his nephew became less and less interested in Mr Kamil. He used to be willing to go shopping for him, take him to the doctors, but all that changed.
He became increasingly indifferent towards Mr Kamil, stopped being helpful to him and ignored his requests for help with what he needed due to his health condition. During the construction of the house, they even had a quarrel one day to the extent that Mr Kamil was physically assaulted by his nephew. On the basis of this incident, and others, Mr Kamil, with our help, got his nephew to pay him a substantial compensation for the plot and the de facto cancellation of the gift agreement.
In practice, we often see that disputes over donations arise primarily between relatives – for example, between parents and children or siblings. The most common cause is the deterioration of the relationship after the transfer of the property.
Have you given your relatives or friends a valuable item and now regret it because they are ungrateful or even rude to you? We will review your case and make sure that you retract your donation and get it back.
Can a gift be withdrawn if it is not written into the contract beforehand?
The presumption that a gift agreement could be revoked in the future if certain conditions are breached – i.e. the gift would be revoked – does not need to be explicitly addressed in the agreement. Revocation of the gift is possible under the conditions set out in the Civil Code in two types of situations:
The law also provides for a situation where the donor forgives the donee for his behaviour. If the donor explicitly or even tacitly forgives the ungratefulness, he cannot later revoke the gift for this reason. The forgiveness does not have to be in writing – it can also result from the donor’s actions, for example if he continues to maintain normal relations with the donee and shows that he has forgiven him for his behaviour.
The donor has a period of one year from the time the donee wronged him to revoke, i.e. to withdraw, the gift. However, it may happen that he or she finds out about it later, for example if the donor has harmed him or her indirectly or if the situation involves a person close to the donor. What then? If the donee does not return the gift, there is no option but to go to court.
In some cases, the right to revoke the gift even passes to the donor’s heirs if the donor dies and the donee has previously prevented him from revoking the gift. What can such a situation look like in practice? These are extreme situations where the donor is seriously injured, maimed or even killed by the donee.
If you want to revoke a gift, there are several steps to follow:
Yes. If the donor and donee agree, they can cancel the gift by agreement of both parties. In this case, it is not a revocation of the gift under the law, but a normal agreement to cancel the contract.
In practice, this is often done, for example, in situations where:
family relations change,
the donee does not want to own the property,
or the parties want to avoid litigation.
If the agreement relates to real estate, it must be in writing and a petition must be filed to register the change of ownership in the Land Registry. Only by registering it in the Land Registry does the ownership revert back to the donor.
It is not normally possible to cancel a donation contract just because the donor has changed his mind about the donation. However, the Civil Code allows for the revocation of a gift in exceptional situations, in particular if the donee commits an act of ingratitude towards the donor (e.g. intentionally harms or treats the donor in a manner grossly contrary to good morals) or if the donor is in serious need and has no means to support himself or the persons he is obliged to support. The gift may be revoked within one year from the time the donor becomes aware of the ingratitude, and if the donee cannot return the gift – for example because he has sold it in the meantime – he must reimburse the donor for its normal value. However, the donor cannot revoke the gift if he explicitly or tacitly forgives the donee for his actions.
No. A gift can be revoked only for reasons provided by law – in particular, for the ingratitude of the donee or for the donor’s distress.
The gift can be revoked within one year from the date the donor became aware of the ingratitude.
Yes. A revocation of a gift can also apply to a donated apartment, house or land.
In such a case, the donor must reimburse the usual cost of the gift.
Yes, but only in exceptional situations – for example, if the donee has prevented the donor from revoking the gift.
Have you given your relatives or friends a valuable item and now regret it because they are ungrateful or even rude to you? We will review your case and make sure that you retract your donation and get it back.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
