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. 



Forge a document and not go to jail? Is it real?

Interestingly the judges are judging! There is no other way to say after analyzing case No. 750/5469 / 18, which reached the Supreme Court and ended with the publication of a legal conclusion on it on 03.03.2021. In the beginning there was an acquittal … The District Court concluded that the citizen was innocent of […]

What does it cost to build a house? Explanations of the Ministry of Regional Development!

Having your own home is the norm! You can buy it, get it from the state, or build it yourself! The last method is the most laborious, but quite realistic, because … The current legislation provides for the right of every citizen to build a house for himself and this can be done according to […]

A raider in a court gown and with a “crust” of a lawyer, nonsense? Not at all!

Judges, lawyers and justice officials love money too! Sometimes they use their connections and powers to improve their financial well-being! Some find themselves a lucrative “hobby”, for example, they are engaged in raiding. SBU officers uncovered a criminal scheme carried out by “raiders in court robes” with the help of lawyers and former employees of […]

Have you built a house? Putting it into operation correctly!

The authorities continue to make sure that citizens provide themselves with housing! Not so long ago, the Ministry of Regional Development explained the nuances of a simplified procedure for the construction of a residential building, and now a detailed procedure for putting private houses into operation has appeared on the official website. Analyzing the process! […]

Successful litigation strategy of protection in case of drink driving

Professional legal aid often ensures successful appeals against the decision of the first instance court. See for yourself how events can develop with one fresh example. The pensioner, a disabled person of the III group, was threatened with a fine in the amount of UAH 10 200.00 and deprivation of a driver’s license for a […]

Had delayed paying severance pay? Pay the fine!

The first thing every citizen leaving his old place of work thinks about is how much money will fall on the card as a severance pay. Naturally, he wants more and that’s okay! The employer who signs the dismissal order is thinking about how to pay less! And he can be understood too! But, the […]