Belarusians can potentially revoke their decision to purchase apartments, implying a possibility for a cancellation.
In a recent inquiry, Elizabeth Petrovna sought to annul the gift of half her apartment to one of her sons. However, according to Belarusian civil law, a donor generally cannot unilaterally cancel a gifted property after the donee has accepted the gift and the gift deed does not provide any specific conditions allowing revocation.
This rule stems from Article 549, paragraph 3 of the Belarusian Civil Code, which states that a donor can reserve the right to cancel a gift if the donee survives them. In this case, Elizabeth Petrovna's son has unexpectedly passed away, making the cancellation of the gift irrelevant.
If the gift deed was notarized, Elizabeth Petrovna would need to go to the notary to cancel the gift. If it was not notarized, she should go directly to the territorial organization for state registration. However, the absence of a revocation condition in the gift deed means that the cancellation would not be possible.
The cancellation of the gift would not affect any legal obligations, such as alimony payments, that Elizabeth Petrovna's son had. It would also not affect the ownership of the other half of the apartment that Elizabeth Petrovna still retains.
The six-month period for accepting the inheritance is a crucial factor in the cancellation of the gift. If Elizabeth Petrovna wishes to cancel the gift, she must do so before this period expires.
Interestingly, Elizabeth Petrovna had no relationship with her granddaughter, who is now claiming the apartment. The cancellation of the gift would not affect any relationships between Elizabeth Petrovna and her granddaughter.
This principle aligns with general civil law practices and private law norms regarding gifts and property transfers in many jurisdictions. If needed, consulting Belarusian civil code provisions or a local legal expert would provide precise statutory references.
In summary, if the gift deed does not include a condition for the cancellation of the gift, a donor cannot cancel the gift after the donee's death. The gifted property typically remains with the donee’s estate or heirs and cannot be reclaimed by the donor merely due to the donee’s death.
In light of the given scenario, if Elizabeth Petrovna wished to invest her resources differently or sell her share of the real-estate, her option might have been viable had the gift deed allowed for such financial maneuvers. However, since the deed did not contain such provisions, her future plans with regards to the property are limited, especially with the son's unexpected passing.
