Case review:
3 million bought a house for his son, and he actually said that he bought it with lucky money.
In 2007, when his son Xiaodong was in his early twenties, Dong and his wife took more than 3 million yuan to buy a house for their son. At that time, they signed the contract with the real estate company in the name of Xiao Dong. 1 year later, the property right of the house was registered in the name of his son Xiao Dong, and he successfully obtained the property right certificate.
Although the house was bought for his son and the property right was registered in his name, Mr. Dong said that his son had issued a statement clarifying that the house was owned by his parents. However, after the relationship between the two sides deteriorated, Xiao Dong changed his mind and insisted that the house property rights should be registered in his own name and should be owned by himself.
The house was originally bought for my son, and Mr. and Mrs. Dong are not going to come back. But after having a house, my son often doesn't go home and can't contact him. Xiao Dong's attitude chilled the Dong couple. So, from 20 13, my son and I fought several lawsuits in three years.
Regarding the parents suing again, Xiao Dong argued that the parents wanted to cancel the gift of the house purchase money, but the statute of limitations had exceeded 1 year, and the house purchase money was their own lucky money and pocket money. Since childhood, they have given it to their parents for safekeeping and management.
After check-out, parents appealed to more than 6,543,800 sons.
After trial, the court of first instance held that although Xiao Dong claimed that the purchase price was his lucky money, he did not produce the corresponding evidence. Mr. and Mrs. Dong's investment in buying a house for their son should be regarded as a gift for their children. In the process of resolving the dispute through consultation between the two sides, Xiao Dong's words were out of line, which violated the traditional virtue of the Chinese nation to respect the elderly and love the young, and caused harm to parents' body and mind. The court ruled that Xiao Dong lost the case and repaid his parents more than 3 million yuan.
After the judgment of the first instance, Xiao Dong reached a settlement agreement with his parents. In the settlement agreement, Dong and his wife agreed to buy back Xiao Dong's house with more than 5 million yuan. That is to say, in addition to the more than 3 million house purchases that Xiaodong needs to return, his parents have to give Xiaodong 1 10,000 yuan, but the house has to be transferred to the name of Dong and his wife.
I thought things had come to an end, but I didn't expect Xiaodong to file an appeal instead of fulfilling the settlement agreement. The court of second instance held that the two sides had been arguing for this expensive house for three years, and the family relationship deteriorated extremely. The court supported the first-instance judgment and rejected Xiao Dong's appeal.
Can I return the donated house?
Although the case has been finished, Xiao Dong will eventually return the house to his parents, but it still makes everyone feel a pity. After all, what parents want is not a house, but filial piety. Of course, the shopping guide is not here to tell you family stories today, but to popularize legal knowledge. Can I return the donated house?
The lawyer answered the question:
To answer this question, we must first confirm whether the donated house is registered. If it has been registered as a new property owner, the previous donation relationship has been cancelled and the donated house cannot be recovered. In addition, the case also has certain particularity, and there are other provisions on the property donated by parents to their children, which can be explained in two parts.
Question 1: Can the donated house be returned?
Whether the donated house can be returned depends on whether the donated house is registered. Registered and donated houses cannot be recovered. If the donated house is not registered, then both parties can go to the notary office to cancel the donation.
Question 2: Can a gift be revoked under any circumstances?
The revocation of gift includes arbitrary revocation and legal revocation.
Among them, regarding the arbitrary revocation of the gift, Article 186 of the Contract Law stipulates that after the gift contract is established, the donor can stop the gift according to his own intention before the right to donate the property is transferred. This is a significant difference between the gift contract and other paid contracts.
However, Article 188 of the Contract Law stipulates the exception of arbitrary revocation: "If the donor fails to deliver the donated property, the donee may request the delivery of a gift contract with the nature of social public welfare and moral obligation such as disaster relief and poverty alleviation or a notarized gift contract."
The legal revocation of a gift means that after the gift contract is established, the donor or the donor's heir or legal representative can revoke the gift under the circumstances stipulated by law.
Question 3: What kind of revocation does the Dong couple's case belong to?
According to Article 192 of the Contract Law, if the donee has one of the following circumstances, the donor may revoke the gift:
(a) serious infringement of the donor or the donor's close relatives;
(two) the donor has the obligation to support and fails to perform;
(3) Failing to perform the obligations stipulated in the gift contract.
The situation of Mr. and Mrs. Dong was legally revoked because Xiao Dong failed to fulfill his obligation to support the donor.
In this case, no matter what form the gift contract is concluded or even notarized, no matter whether the gift property has been delivered, no matter whether the gift belongs to social welfare and moral obligation, anyone who has the right to cancel the gift can cancel it.
Parents transfer their houses to their children, which is regarded as a gift. If the house is returned, it must comply with the following provisions: Article 192 If the donee is in any of the following circumstances, the donor may revoke the gift: (1) It seriously infringes on the donor or the donor's close relatives; (two) the donor has the obligation to support and fails to perform; (3) Failing to perform the obligations stipulated in the gift contract.
Question 4: What other circumstances can I get my house back?
The donor's right of revocation shall be exercised within one year from the date when he knows or should know the reason for revocation.
Article 193 of the Contract Law stipulates that if the donor dies or loses his capacity for civil conduct due to the illegal act of the donee, the donor's heir or legal representative may revoke the gift.
The right of revocation of the donor's heir or legal representative shall be exercised within six months from the date when he knows or should know the reason for revocation.
Article 194 Where the revocation right holder revokes the gift, he may request the donee to return the donated property.
Article 195 If the donor's financial situation has deteriorated significantly, which has seriously affected his production, operation or family life, he may no longer perform his gift obligation.
(The above answers were published on 20 16-04-02. Please refer to the current actual purchase policy. )
Sohu Focus Network provides you with comprehensive information such as real estate information, real estate details, purchase process, owners' forum and home decoration.