Can property be reclaimed after being donated?


Dear lawyer, I have a problem want to ask for consultancy from a lawyer. My mother gave my brother a land and house area on condition that my brother and sister were obliged to take care of their mother when she was sick and old.

Dear lawyer, I have a problem want to ask for consultancy from a lawyer. My mother gave my brother a land and house area on condition that my brother and sister were obliged to take care of their mother when she was sick and old.

At the time of donation, there is no contract to donate to the property. My brother did the procedure to name at the land registration office. However, now my brother and his wife do not care for and nurture my mother when my mother was sick, he also said it was a girl's duty, my brother was not responsible. My mother was very angry and wanted to get this property back for her, because my brother-in-law did not properly implement the donation contract.
So will my mother get her property back again? Thank you for your advice and support.
Answer:
Hi, Thank you very much for trusting sending questions for legal advice to Minh Khue Law Firm. Your question has been researched and adviced by our lawyers as follow:
1. Legal basis

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2. Lawyer's consultancy
A property donation contract is an agreement between the parties whereby the donor assigns its property and transfers ownership to the donee without requesting compensation, the donee agrees to receive it.

According to the information you have provided, your mother has donated your brother her property as a land use right, which is made in writing, but not certified. Thus, the establishment of a donation contract for this property does not comply with the provisions of the 2015 Civil Code in terms of form. Because Article 459 of the 2015 Civil Code stipulates that the donation of real estate must be made in writing with notarization or authentication or registration, if the real estate must register ownership in accordance with the law. Contracts for real estate are valid from the time of registration; If the property does not have to register for ownership, the donation contract is valid from the time of property transfer.

However, now your brother has carried out the procedure to name on the certificate of land use rights, from your mother's property to the common property of the couple during the marriage, so this property belongs to him and your sister, your mother cannot reclaim her property.

On the other hand, according to the information you provide, the fact that your mother made a contract to give you a brother's property is conditional, specifically the validity of donation is that your brother has to perform the obligation to support, nurture and care for your mother when your mothers are old and sick. However, after receiving the property, giving it to his brother, he did not fulfill the obligations of the donor, namely to deny responsibility, not to care for and nurture your mother. Pursuant to the provisions of Clause 3, Article 462 of the 2015 Civil Code providing conditional donations, your brother clearly does not fulfill the donor's obligations clearly stated in the donation contract, so your mother has the right to reclaim the property and claim damages.

In short, your mother absolutely has the right to ask your brother to fulfill the obligations of the donee. If he does not do so, then your mother can file a lawsuit at the district court where the property is located to claim the property and ask the brother to compensate for the damage.

The petition dossier includes the following documents:

- Petition.

- Identity card.

- Certificates of land use rights.

- Contract for donation of property.

In addition, according to the provisions of Article 70 of the 2014 Marriage and Family Law, your brother has violated the obligations of his children to his parents, which is the obligation:

- Firstly, there is a duty of love, respect, gratitude, filial piety, support for parents, preserving honor and good traditions of the family.

- Second, Children have obligations and rights to care for and nurture their parents, especially when parents lose civil act capacity, sickness, old age, disabilities; In case the family has many children, the children must take care of and care for their parents together.

With the act of not fulfilling their children 's obligations to your mother, you can tell the local government where your brother is staying to be resolved.

The above is our advice. If you still have any problems, want to be advised or need other legal assistance, please contact the online legal advice department via telephone number: 1900.6162 for answers.

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Best regards./.

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