Can parents get their children s property and houses back?

Updated on society 2024-03-08
14 answers
  1. Anonymous users2024-02-06

    1. Unless it is to prove unjust enrichment, and the facts are difficult to prove. 2. Or think that it is a private loan, but if there is no evidence, it is difficult to get it back. 3. If there is evidence that the child is not filial, and the parents are now living in extreme difficulty, they can request to revoke the gift.

    4. Parents voluntarily write the child's name on the birth certificate, which is also regarded as a gift. (No reversal, except in case 3 above). 5. The lawyer's opinion is for reference.

  2. Anonymous users2024-02-05

    Hello, the act of giving a house to your parents is effective because it has been registered as a house. Parents have the right to revoke the gift under certain circumstances, but they need to provide the necessary evidence. Article 192 of the Contract Law The donor may revoke the gift if the donee falls under any of the following circumstances:

    1) Seriously infringing upon the donor or the donor's close relatives;

    2) Failure to perform the obligation to support the donor;

    3) Failure to perform the obligations agreed upon in the gift contract.

    The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reason for revocation.

  3. Anonymous users2024-02-04

    If the house has not been transferred, the gift can be revoked at will. If the ownership has already been transferred, the legal owner of the house has changed, and the gift cannot be revoked casually. Article 186 of the Contract Law provides that the donor may revoke the gift before the transfer of the right to the donated property.

  4. Anonymous users2024-02-03

    Can I get back the house purchased and built by my parents and registered in the name of my children?

  5. Anonymous users2024-02-02

    If the ownership of the property and house donated by the parents to the children has not been transferred to the children and the gift contract has not been notarized, it can be returned.

    If ownership of the gifted property has been transferred to the child, it cannot be returned unless the child has the following circumstances:

    1) Seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives;

    2) Failure to perform the obligation to support the donor;

    3) Failure to perform the obligations agreed upon in the gift contract.

    Legal basis] Article 658 of the Civil Code provides that 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.

    Before the transfer of ownership of the house, the donor may arbitrarily revoke the gift, or if the donee fails to perform the agreed obligations, the gift can also be revoked. A gift contract can be revoked, even if it is a notarized gift, as long as the donor is still alive. China's inheritance law stipulates that the last gift contract shall prevail, and if there are multiple wills, the notarized will shall prevail.

    However, if the house has been transferred and the property rights are transferred, it will be more troublesome to recover the gift.

  6. Anonymous users2024-02-01

    If you regret the property that your parents have given to your children, you can get it back, of course, if your parents are alive, you can get it back.

  7. Anonymous users2024-01-31

    Parents regret the house they gave to their children, and they can get it back. The premise is that the house has not been transferred to the children. Parents have the right to repent, and to return the donated house.

  8. Anonymous users2024-01-30

    Donated to the child's name, the property is owned by the child, unless the normal communication of the child to change the name of the property back, otherwise only consult a lawyer, this issue, hope and concern.

  9. Anonymous users2024-01-29

    If a parent regrets the property they gave to their children, can they get it back? If you have already changed your name, there is really no way, if you haven't changed your name, of course, you can.

  10. Anonymous users2024-01-28

    As long as there is no transfer on the property ownership deed, you can get it back.

  11. Anonymous users2024-01-27

    If it has already been delivered, the following conditions need to be met.

    1. Seriously infringing on the donor or the donor's close relatives;

    2. Failure to perform the obligation to support the donor;

    3. Failure to perform the obligations agreed in the gift contract.

    Otherwise, you won't come back.

  12. Anonymous users2024-01-26

    Actually, I think if I have already done the formalities and want to regret it, I think it may not work.

  13. Anonymous users2024-01-25

    Legal analysis: If the gift between the parents and the child stipulates the performance of the obligation, then the parents have the right to revoke the gift if the child fails to fulfill the obligation.

    Legal basis: Article 661 of the Civil Code A gift may be conditional, and if the gift is accompanied by an obligation, the donee shall perform the obligation in accordance with the agreement.

    Article 663 of the Civil Code: The donor may revoke the gift under any of the following circumstances: (1) Seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives. (2) Failure to perform the obligation to support the donor.

    3) Failure to perform the obligations agreed upon in the gift contract.

  14. Anonymous users2024-01-24

    After the parents give the property to the children before the divorce, the children are not filial and can take back the property through the court. The house gifted by the parents to the child can be repossessed, but there are preconditions, if the parents buy the house for the child, the right of revocation can be repossessed before the registration of the change of the property. You can go to the notary office and get the property you have given to your son back.

    It's a hassle, but you can still want to come back. If the donee has any of the following circumstances, the donor may revoke the gift:

    1. Seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives;

    2. Failure to perform the obligation to support the donor;

    3. Failure to perform the obligations agreed in the gift contract. The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reasons for revocation.

    Civil Code of the People's Republic of China

    Article 658: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 gift contracts that have been notarized in accordance with the law or gift contracts that have the nature of public welfare or moral obligations such as disaster relief, poverty alleviation, and disability assistance, which cannot be revoked in accordance with law.

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