AZE.US
A gift agreement is one of the most common legal transactions involving real estate and other property. Such agreements are often signed between relatives, family members or close acquaintances. But disputes may arise later, raising the question of whether gifted property can be returned.
Lawyer Akram Hasanov told Demokrat.az that a gift agreement can be canceled or declared invalid only if there are serious legal grounds.
According to him, regret alone is not enough. If a person gives away an apartment, house or other property and later changes their mind, that does not automatically allow them to take it back.
“For a gift agreement to be declared invalid, there must be grounds provided by law. In other words, simple dissatisfaction is not enough. There must be specific and serious legal reasons,” Hasanov said.
The lawyer noted that when courts consider such disputes, they first examine the circumstances under which the agreement was signed and whether the will of the parties was expressed freely.
A gift agreement may be challenged if there was deception, threats, pressure, use of force or intentional distortion of one party’s will. In such cases, the court may question whether the person truly signed the agreement voluntarily.
Hasanov said that if the donor can prove that they signed the document under pressure or were misled, the court may declare the transaction invalid.
At the same time, the lawyer stressed that evidence plays a decisive role in such cases. Witness statements, written documents, correspondence, messages and other materials may influence the court’s decision.
He also reminded that such claims are subject to a limitation period. As a general rule, the period is one year. If this deadline is missed, it becomes much more difficult to resolve the dispute through court.
“Parties must protect their rights on time. Otherwise, missing the legally established deadline may limit their legal options,” Hasanov said.
This means a gift agreement cannot be canceled simply because the donor changed their mind or relations between the parties deteriorated. Gifted property can be returned only in limited cases, if there is evidence of pressure, deception or another legal violation.
Lawyers advise people to carefully assess the legal consequences before signing a gift agreement and to seek professional legal advice when necessary.
AZE.US