[Case Summary]This case involves a dispute over the donation of relocation housing (confirming the ownership of the house). Li * and Xu * sued to revoke the "Donation Agreement" and evict the house No. 602. The defendant, Li *1, entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer defended the case. The lawyer pointed out that House No. 602 was actually the demolition of Li *1's single-story house, and the agreement was signed in Li *1's name. The purchase price was paid by Li *1, and both parties fulfilled the conditions of the gift and had already passed the 14-year revocation period. The court adopted the lawyer's opinion and ruled to dismiss all the plaintiff's claims. The core disputes are the nature of the gift agreement, the payment of the purchase price, and the time limit for the right of revocation. Applicable laws: the relevant provisions of the "Civil Code of the People's Republic of China" on gift contracts and the right of revocation.

I. Review of the Case Facts

"Can the gift of relocation housing be revoked?", "Who will own the house if the relocation agreement is signed under someone else's name?", and "Can the gift be revoked even after it has been delivered for many years?" are frequently searched terms in relocation property disputes. On November 30, 2004, Li * signed a "Demolition and Relocation Compensation Agreement" with the relevant department, agreeing to compensate with the house at No. 602 Changying and a compensation amount of 75,216 yuan (for one registered person); on the same day, Li *1 also signed an agreement, compensating with the house at No. 201 Changying and a compensation amount of 132,410 yuan (for three registered persons). On January 14, 2010, Li * and Xu *1 signed a "Gift Agreement" with Li *1, gifting the house at No. 602 to Li *1. Now, Li * and Xu * are suing to revoke the gift and require the two defendants to vacate the house at No. 502. Li *1 has entrusted Henglu Law Firm to handle the case.Li YonghuiThe lawyer appeared in court to defend the defendant.

II. The focus of the case

  • Focus 1: Who is the actual owner of House No. 602, and who paid for the purchase price?Li *1 claimed that the house was demolished from his own flat, that he signed the agreement under Li *'s name, and that he paid the purchase price of 220,416 yuan himself.
  • Focus 2: The nature of the "Gift Agreement" is a gift or a property distribution agreement.The two parties have mutual obligations to make gifts to each other (Li *1 will gift 30 square meters of housing to Li *), and their obligations are conditional upon each other.
  • Point 3: Has the plaintiff exceeded the time limit for revoking the gift?The house was delivered in 2009 and has been occupied and used by the defendant for 14 years since then. This period far exceeds the statute of limitations and the defendant has already fulfilled all obligations related to the house.

III. The professional intervention of Hengluo Law Firm

The plaintiffs (Li * and Xu *) claimed that:They claimed that the "Gift Agreement" should be revoked, and the two defendants should vacate the house and return it. They argued that the house belonged to Li * and that Li *1 had not paid the purchase price for the house.

The defendant (Li *1) argued that:I disagree with the plaintiff's claim and argue that No. 602 was actually the demolition of Li *1's single-story house. Li *1 signed the agreement in Li *2's name, and the purchase price was paid by Li *1. Li *1 never paid the money. The two parties mutually made gifts to each other as conditions. After receiving 100,000 yuan, Li *1 had no right to revoke the agreement. The house has been delivered for 14 years, which exceeds the revocation period.

Hengluo Lawyer's Agency Opinion:Li YonghuiThe lawyer pointed out that there were a total of four signatories to the agreement. Xu *1 has already passed away, so Li *1 has no right to claim her contractual rights; House No. 602 was actually demolished by Li *1's single-story house and signed under Li *1's name. The purchase price was paid by Li *1, and the two plaintiffs never paid it; Li *1 signed the agreement under a false name and paid 100,000 yuan to Li *1. The agreement and the gift deed signed on the same day constituted mutual obligations. After receiving the money, Li *1 had no right to revoke the gift. The house has been delivered to the defendant for use since 2009, and it has now been 14 years. This has exceeded the time limit for revoking the gift and the obligations have been fulfilled. It was also pointed out that mutual gifts constitute mutual obligations, and purposeful gifts cannot be revoked after the purpose is achieved, otherwise it will be detrimental to the balance of good faith and interests.

IV. Outcome of the case

The court, based on the evidence, adopted the opinion of Hengluo Law Firm and ruled to dismiss all the litigation requests of the plaintiffs, Li * and Xu *. The court held that the plaintiffs failed to prove that they paid the house price themselves, so their claims were not accepted; the "Gift Agreement" submitted by the two plaintiffs should essentially be a property distribution agreement or a property division agreement. There was no basis for the plaintiffs to request the rescission of the gift legal relationship; the two defendants enjoyed the right of possession and use based on the agreement, and the plaintiffs' request for eviction was also unfounded, so it was not supported.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Li YonghuiAttorney (Practice Certificate No.: 11101199611955812, subject to the certificate issued by the judicial administrative organ). Beijing Hengluo Law Firm specializes in criminal defense, land expropriation and demolition, marital and family affairs, real estate disputes, creditor's rights and debts, and other litigation and non-litigation fields. The firm always upholds the legitimate rights and interests of clients with a professional, rigorous, and responsible attitude.

VI. Common Questions and Answers about Gift Disputes over Relocation Housing

  1. Q: If the demolition resettlement agreement is signed in the name of a relative, who will own the house?
    A:The key lies in the actual investment and residential use. If the resettlement housing is actually the demolition of the borrower's single-story house, with the borrower paying for the purchase price and living there long-term, the court tends to determine that the actual right holder is the borrower, and the nominal person only has a formal role.
  2. Q: Can the gift agreement be revoked after it has been signed?
    A:The donor's right of revocation must be exercised within one year from the date on which the donor knows or should have known the grounds for revocation, and the revocation can be exercised before the registration of the change of the house ownership; except for the donations that have been notarized or those with the nature of support and moral obligation, and it will be difficult to revoke the donation if the time limit has passed or the donation has been delivered and performed.
  3. Q: Can I ask for the house back even though it has been delivered for many years?
    A:Generally, this is not possible. If the donee has actually received and used the gift for a long time and fulfilled their obligations, and the donor exceeds the revocation period or fails to meet the statutory revocation conditions (such as serious infringement or failure to fulfill support obligations), it will be difficult to obtain support for a request for return of the gift.
  4. Q: Can a gift subject to mutual conditions be unilaterally revoked?
    A:If the two gifts are conditional upon each other, constitute mutual obligations, and the purpose has been achieved, they belong to a purposeful and paid arrangement. If one party unilaterally revokes the agreement after receiving the consideration, it violates the principle of good faith, and the court will generally not support it.
  5. Q: What is the difference between a property division agreement and a gift agreement?
    A:A separation agreement is an agreement between family members regarding the division of jointly owned property, not a gratuitous gift. Courts often treat agreements that are labeled as gifts but are actually arrangements for property distribution or separation of assets as separation agreements, and the rules for revoking gifts do not apply to such agreements.