En
Submit your application

The granddaughter whiсh is registered in the grandmother’s house, for donation is not an obstacle!

The grandmother in court proved her right to donate housing, despite the fact that her little granddaughter was registered in it! The Supreme court, by its conclusion in case No. 385/1598/18, determined that she is not a parent and not the one who replaces him, therefore, she is free in the right of alienation!

Here is how it was!

Her mother appealed to the court in the interests of her young daughter. She demanded recognition of the contract of donation of housing in which she and her daughter are registered and live. The home was donated by the grandmother of her daughter’s granddaughter (the plaintiff’s aunt).

The first instance court satisfied the claim. The appeal upheld the said decision. The donation was declared invalid, since it was realized without the approval of the guardianship authorities, therefore, it violated the rights of the child.

Family showdowns have continued in the Supreme Court !

Grandmother was not so simple. She went to defend her right to alienate her property in the Supreme Court.

In the cassation appeal, she stated that she was not a mother to her granddaughter, and the fact that the baby was registered and lived in her house did not oblige her to support and provide for the girl!

Regarding the claims of the plaintiff, the grandmother pointed out to the court that the latter had no property rights to the house, therefore, there were no grounds to claim anything, including for the child.

The child has the right to use housing, but the fact of registration does not at all give rise to property rights!

“It is obvious that the grandmother did not need permission from the guardianship and guardianship authorities for the alienation of housing. Finally, it was approved in this right by the Supreme Court by a resolution on case No. 385/1598/18 dated 02/10/2021. The main argument in this decision was the fact that the grandmother to her granddaughter is not a mother, not a father, and not a person replacing parents.

It would be different if …

The grandmother adopted the granddaughter or would have been her: guardian, curator, foster caregiver, foster mother, parent-educator of an orphanage, actual educator of an orphan child or a child deprived of parental care.

All these statuses, giving rise to responsibilities in relation to the child, are established and regulated by the Family Code, but the grandmother in the described case did not possess any of them.

We draw conclusions!

The law was on the side of granny! The Supreme Court established that their colleagues from previous instances were wrong and the donation agreement was recognized as valid!

Apparently, grandmother had a good lawyer who did not stop the family dispute, but he literally saved the valuable real estate in our times.

Obviously, the services of a family lawyer are essential to deal with such situations.

After all, the will of chance (in the described situation – the will of the judges), could be completely unfair and the one who has the right to gift could be deprived of it. 

18.05.2021

74

YOU MAY BE INTERESTED IN
Personal mortgage property of a bankrupt entrepreneur: is it subject to collection?

Cassation economic court of the Supreme Court “stood up” for the mortgage apartment of the borrower of the bank, delimiting the personal and business rights and obligations of individual entrepreneurs, as well as limiting the rights of claimants to this property. So, with the conclusion in case No. 922/4404/15, promulgated on 06/04/19, the Supreme Court […]

The plaintiff threatened the judge for not explaining the terms of the lease

Even a solution to an economic dispute can become a breeding ground for threats! For example, the consideration of one of the cases, during which the plaintiff asked to explain to him certain clauses of the land plot lease agreement, ended with the tenant dissatisfied with the court decision not in his favor, took it […]

Legal conclusion governing the donation of a share in a joint-stock company

The Grand Chamber of the Supreme Court of Ukraine, by its decision in case No. 909/1294/15 of 01.10.19, “annulled” the conclusion of the Supreme Court of Ukraine in case No. 33/45-09-1388 of 22.12.09, with the help of which the courts considered disputes on the donation of shares in these most societies to each other. Donating […]

About the presence of “malicious intent” in the sale of real estate to relatives

On 11.09.19, the Supreme Court of Ukraine considered case No. 554/10202/13-c, in which the heir – the son from the first marriage of the deceased homeowner tried to defend his father’s apartment, sold by his second wife during her husband’s life and by his power of attorney to her own son. He insisted that there […]

Video cameras “looking” at neighbors violate their rights

There is a proverb that says that God sees everything, and neighbors –  even more! So and there is! And in some cases it happens literally. The story about neighbors who installed video cameras aimed at the neighbor’s yard ended in the Supreme Court with a legal conclusion in case No. 279/2012/17 of 03/03/2020. So, […]

A decent pension is not an obstacle to claiming alimony

The duty of children to support their parents who need help is established by law! If the children do not fulfill it voluntarily, then the parents have the right to demand alimony through the court, and such family cases are always difficult, the court practice on them is constantly changing and supplemented, and it is […]

lacomics.org