Can I get my gifted property back?

Yes, it works. Because according to the inheritance law, only the giver can recover the gifted items, and now your cousin and aunt are dead. No one else has the right to recover it.

Moreover, according to Article 16 of China's Inheritance Law, "a citizen may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint an executor." A citizen may make a will to designate personal property to be inherited by one or more of the legal heirs. Citizens may make a will to donate their personal property to persons other than the state, the collective, or the legal heirs", a letter written by your uncle and aunt to give this old house to your father, no matter what time it is, is your father's legal property, and is protected by law.

In other words, it is not allowed by the relevant law for his son to take back the house as an existing one.

Not a will. It can only be said to be a decision to dispose of one's own property.

But. The law stipulates that not only the donor can revoke the gift, but also the immediate family members of the inheritor, but there is a time limit, 6 months after the death.

It also depends on whether your uncle and aunt wrote a will or a last word to deal with the above property when they passed away.

If not. Then this letter can be confirmed as a proof of the gift of property.

This is a gift contract that is not based on inheritance law, but on gifts and contracts in civil law.

If you still don't understand, you can send the site information.

If the content of the letter meets the nature and conditions of the will, it can be regarded as a will, and if there is a dispute, it can be handled according to inheritance, and because the decedent has passed away, it is generally necessary to protect your rights and interests.

According to what you said, it can be counted as a will.

1. Can I get the donated house back?

1. The donated property can be returned, but the following conditions need to be met:

1) Before the transfer of rights;

2) Gifts that are not of the nature of social welfare or moral obligation;

3) The donee seriously infringes upon the lawful rights and interests of the donor or the donor's close relatives;

4) The donee has an obligation to support the donor but fails to perform it.

2. Legal basis: Article 658 of the Civil Code of the People's Republic of China The donor's right of arbitrary revocation and its limitations] The donor may revoke the gift before the transfer of the right to the donated property.

The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.

2. How can a gift contract be valid?

There are three requirements for a gift contract to be effective:

1. The donated property must be the legal property owned by the donor himself;

2. It must be a true expression based on the donor's own will;

3. The true intention of the donee to accept the gift.

The establishment of a gift contract must not only have the true intention of the donor, but also the intention of the donee to accept the gift. If the donor expresses his intention to donate, but the donee is unwilling to accept the gift, the gift contract is not established and is naturally ineffective.

Whether the house that has been donated out can be returned, first of all, it is necessary to see whether the house has been registered and whether it has been registered. If the donated house has not been registered, then both parties can go to the notary public to go through the procedures for the donation and revocation. Legal basis: Article 658 of the Civil Code of the People's Republic of China The donor may revoke the gift before the transfer of the right to the donated property.