[Direct answer]In the Beijing area, after the house is donated and the transfer registration is completed, the right to the donated property has already been transferred, and the donor in principle cannot revoke the donation; whether it is possible to "reclaim" it depends on whether it meets the statutory revocation or invalidation circumstances. According to Article 658 of the Civil Code, the donation can be revoked before the transfer of rights, except for donations that have been notarized or are of a public welfare or moral obligation nature; Article 663 stipulates that if the donee seriously violates the donor or his/her close relatives, fails to fulfill the obligation of support, or fails to fulfill the contractual obligations, he/she shall exercise the right of revocation within six months from the date when he/she knows or should know the grounds for revocation. After the revocation, the donee may request the return of the property in accordance with Article 665. It is recommended to sort out the grounds for revocation and evidence first and consult a lawyer as soon as possible. For more details, please refer to the following link:Legal services for real estate transactions and construction projects.

I. Problem background and typical scenarios

The typical scenarios of regretting the donation of real estate include: the children failing to fulfill their duty of support or seriously harming their parents after the donation; the donee breaching the obligation attached to the donation (such as being responsible for the elderly's care); the donee secretly selling or mortgaging the house after the donation; one of the parents unilaterally donating the couple's joint property to their children, while the other party objects; and the donation affecting the parents' debt repayment being claimed for revocation by the creditor. In addition, some donations stem from verbal promises of using the house for old-age care or in exchange for support, only to turn against each other afterwards. The registration of the house transfer means that the ownership has already been transferred, and the space for "regretting" afterwards is much smaller than before the transfer. It is necessary to refer back to the statutory conditions and evidence. The differences in arrangements between lifetime donations and posthumous inheritance can be combined withInheritance succession and family property division servicesCoordinated planning.

II. Key points of contention

Whether it is possible to reclaim the house legally depends on four aspects. Firstly, the type of revocation right: After the transfer of ownership, the right of arbitrary revocation has been lost, leaving only statutory revocation (Article 663 of the Civil Code) and revocation by the heir due to the donor's illegal acts causing death or disability (Article 664). Secondly, the time limit: The statutory right of revocation must be exercised within six months from the date when the revocation grounds become known or should have become known, and any exercise beyond the time limit will be invalidated. Thirdly, the defects in the effectiveness of the gift: Gifts that have been notarized cannot be arbitrarily revoked; if the gift belongs to the couple's joint property and the other party is unaware of or does not consent to it, the other party may claim that the gift is invalid and demand its return. Fourthly, the current status of the house: If the donee has sold or mortgaged the house to a third party, the protection of the third party's rights will significantly increase the difficulty of reclaiming the house. For disputes over gifts between spouses, it can be combined with other relevant laws and regulations to resolve them.Divorce litigation and family dispute resolution servicesHandle it.

III. Professional analysis by Hengluo Lawyers

Hengluo Lawyers found in handling cases of property ownership restoration that the status of housing registration is not final. After the court reviews the true rights relationship and the chain of evidence, it can deny false transactions and restore the original registration. The same logic applies to revoking a gift. In a case of a dispute over buying a house under someone else's name handled by Hengluo Lawyers: In September 2020, A Company, due to the need for a loan from its affiliated company, signed a "Beijing City Second-hand Housing Sales Contract" in the name of Zhang * (who had continuously paid social insurance for five years), "selling" a 262.05-square-meter house in Dongsanhuan District, Chaoyang District, to Zhang * for 7.3374 million yuan. The down payment was 2.5774 million yuan, and the remaining 4.4 million yuan was paid by Zhang * through a mortgage loan and transferred to A Company's account. Later, Zhang * took away the property ownership certificate and refused to cooperate with the transfer. A Company sued to request the invalidation of the contract and the return of the house, but was rejected in the first instance due to insufficient evidence. In the second instance, Attorney Li Yonghui reconstructed the flow of funds - after the 4.4 million yuan loan entered A Company, it was transferred to the affiliated company, and the affiliated company used the property as collateral to borrow 7.6 million yuan to repay the loan. Combined with the original property ownership certificate and loan contract, the actual payer of the property management fees, the agency agreement and receipts, etc., it was proved that there was no genuine sales agreement between the two parties. The second-instance court (Beijing No. 3 Intermediate Court) revoked the first-instance judgment and ruled that the contract was invalid, and the house was restored to A Company's name. This case was handled by Beijing Hengluo Law Firm. 恒略律师在处理权属恢复类案件中发现，房屋登记状态并非终局——法院审查真实权利关系与证据链后，可以否定虚假交易、恢复原登记，赠与“反悔”同样遵循这一逻辑。在恒略律师代理的一起借名买房纠纷中：2020年9月，A公司因关联公司需贷款，以连续缴纳五年社保的员工张某名义签订《北京市存量房屋买卖合同》，将朝阳区东三环一套262.05平方米的房屋以733.74万元“出售”给张某，首付257.74万元，余款440万元由张某按揭贷款并转入A公司账户。后张某取走房产证拒绝配合过户，A公司起诉请求确认合同无效并返还房屋，一审因举证不足被驳回。二审中，李永慧律师重构资金流向——440万元贷款进入A公司后再转至关联公司，关联公司以该房产抵押借款760万元结清贷款，并结合房产证与借款合同原件持有情况、物业费实际缴纳主体、代持协议与收条等证据，证明双方并无真实买卖合意。二审法院（北京市第三中级人民法院）撤销一审判决，改判确认合同无效，房屋恢复登记至A公司名下。本案由北京恒略律师事务所代理。Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as an agent. There are many similar experiences: in the second-hand car sales dispute, Attorney Xiong Binrong acted on behalf of the buyer to argue that the seller lacked the right of disposition and constituted a fundamental breach of contract. The court ruled to rescind the contract, return the full purchase price of 218,000 yuan, and the judgment was upheld on appeal; in the license plate index leasing dispute, Attorney Chen Ping assisted the client in confirming the invalidity of the agreement, and the court ruled to return the paid rent of 25,000 yuan, and the judgment was upheld on appeal. The common lessons from these cases are: for the return of property in a false or invalid arrangement, it relies on a solid chain of evidence and correct legal characterization; if one wants to "renege on the gift" after the transfer, it is also necessary to first prove the grounds for revocation or the invalidity of the transaction, and to act within the statutory time limit.

IV. Practical suggestions and legal basis

The legal basis is the Civil Code of the People's Republic of China (effective January 1, 2021): Article 209 (Effectiveness of Real Estate Property Rights Registration), Article 658 (Right of Arbitrary Revocation and Exceptions to Notarized Gifts), Article 663 (Statutory Revocation Circumstances and Six-Month Exercise Period), Article 664 (Revocation Right of Inheritors), Article 665 (Request for Return of Property after Revocation), Article 1062 (Husband and Wife's Right to Equal Treatment of Common Property), and Article 538 (Creditor's Right of Revocation). Practical suggestions: 1. Identify whether there are statutory revocation grounds - serious infringement, failure to fulfill support obligations, or failure to fulfill gift agreement obligations, and secure evidence. 2. File a lawsuit within six months from the date you become aware or should have become aware of the revocation grounds. The revocation right will be extinguished if not exercised within the time limit. 3. For gifts with obligations attached, first send a written notice to fulfill the obligations and retain the relevant evidence. 4. Check the current status of the property. If it has been resold or mortgaged, assess the impact on third-party rights. 5. For cases involving marital common property or creditor's interests, initiate invalidation or revocation procedures as soon as possible.

5. Hengluo Law Firm's Advice

The completion of the transfer registration means that the right to donate the property has been transferred, and the "revocation" must be carried out within the statutory conditions and time limits. In daily family arrangements, it is recommended to use a written contract and notarization for large-scale donations, specifying whether there are obligations attached and whether the donation can be revoked, to avoid oral promises with no evidence afterwards; for exchanging houses for support, the obligation of support should be written into the contract and the consequences of breach of contract should be stipulated. For disputes that have already occurred, the focus should be on verifying the six-month revocation right period and collecting evidence of the donee's breach of contract and infringement as soon as possible. For donations that affect debt repayment or involve joint ownership rights, it is advisable to consult a lawyer as soon as possible to evaluate the paths of revocation, invalidation, or return, and the relevant debt recovery can be followed up accordingly.Creditor-debtor relations and enforcement case servicesIf you need the system to develop a plan, you can use it to assist you.Special services and other case services.

VI. Frequently Asked Questions

Q1: After the transfer of ownership by gift, if the donor changes his/her mind and wants to take back the house, can he/she do that?

This cannot be generalized. After the transfer registration, the right to the donated property has been transferred, and the right of revocation has been extinguished; to reclaim the house, it usually requires meeting the statutory revocation circumstances — the donee seriously infringes the legitimate rights and interests of the donor or his/her close relatives, fails to fulfill the obligation of supporting the donor, fails to fulfill the obligations stipulated in the donation contract (Article 663 of the Civil Code), and should exercise the right of revocation within six months from the date when he/she knows or should know the revocation grounds. In addition, if the donated house belongs to the couple's joint property and the other party is unaware of or does not agree to it, the other party may claim that the donation is invalid; if the parents' donation affects the repayment of debts, the creditor may revoke it according to law. If the donee has disposed of the house again, it also involves the protection of the rights of third parties, and the difficulty of reclaiming the house will be significantly increased, which requires a case-by-case assessment.

Q2: What evidence do I need to prepare if I want to revoke a gift?

The core evidence includes: the gift contract and notarization certificate (to prove the content of the gift and whether there are any obligations attached), the materials for transfer registration (to prove the transfer of rights and the time), the evidence of the donee's breach of contract or infringement - the records of urging the donee to fulfill the obligation of support and maintenance and the proof of refusal to pay, the police records and judgment documents of serious infringement, the communication records of the donee's failure to fulfill the obligation of the gift agreement, and the results of the inquiry into the current ownership of the house. For cases involving marital joint property, supplementary marriage certificates and explanations that the other party was unaware of the situation are required; for cases involving the revocation by creditors, supplementary creditor's certificates and evidence of the impact of the gift on repayment are required. The purpose of the evidence is to prove that the grounds for revocation are established and exercised within six months. The more complete the materials are, the more favorable they will be.

Q3: How much does it cost to sue to revoke a gift?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees", with the amount of the litigation request as the basis for calculation in stages. Requests for the return of the house are usually calculated based on the value of the house and shall be borne by the losing party. Applying for property preservation requires paying additional preservation fees and providing guarantees. There is no uniform standard for attorney's fees, which are usually charged based on the amount of the subject matter or on a per-case basis, and are related to the current value of the house and the complexity of the dispute. The total cost of a lawsuit for the return of a high-value house is not low. It is recommended to first consult a lawyer to assess the probability of establishing grounds for revocation and the current condition of the house before filing a lawsuit, and to calculate the cost-benefit ratio. If the return of the house or compensation in the form of a discounted price can be achieved through notice and negotiation, priority should be given to low-cost solutions. If necessary, litigation can be initiated.

Q4: How long does it usually take to litigate for revoking a gift?

The first-instance ordinary procedure shall be concluded within six months, and the simplified procedure within three months; if it is necessary to determine whether the donee has committed serious infringements or failed to fulfill obligations, the period may be longer due to the review of multiple sets of evidence; and if the defendant's whereabouts are unknown and the service needs to be announced, the process will obviously be prolonged. If one party appeals, the second-instance procedure generally takes three months. If the house has been rented, mortgaged, or resold by the donee, it is necessary to add additional parties and verify the rights of third parties, which makes the procedure more complex. If the judgment orders the return of the house, the transfer registration may be handled during the enforcement stage. Overall, cases with clear facts can be concluded within a few months, but those with complex house situations may take over a year. It is recommended to initiate the procedure as soon as possible and apply for preservation measures simultaneously.

Q5: I want to reclaim the gifted house. What should I do specifically?

Five steps to proceed: First, verify the donation contract and transfer materials to confirm whether they have been notarized, whether obligations are attached, and the completion time of the transfer. Second, fix the evidence of the grounds for revocation, including the reminders and refusal to pay records of the donee's failure to fulfill support or contractual obligations, the police reports and medical certificates of serious infringements, and the search results of the house being disposed of. Third, file a lawsuit within six months from the date when the revocation grounds become known or should have become known, requesting the revocation of the donation and the return of the house, and applying for property preservation. Fourth, if the case involves marital joint property or debt repayment issues, simultaneously evaluate the paths of claiming the invalidity of the donation or the revocation by the creditor. Fifth, entrust a lawyer to formulate litigation strategies and, if necessary, conduct preliminary consultations and mediations to reduce the litigation cycle and costs.

The above Q&A is mainly based on judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Legal services for real estate transactions·Attorney Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.