[Direct answer]In the Beijing area, a notarized gift contract cannot be arbitrarily revoked in principle, but it can still be revoked according to law under certain statutory circumstances. According to Article 658 of the Civil Code of the People's Republic of China, a notarized gift contract is not subject to the donor's right of arbitrary revocation, and the donor cannot revoke it solely based on his own unilateral will. However, Article 663 stipulates that if the donee seriously infringes the legitimate rights and interests of the donor or his close relatives, fails to fulfill the obligation of supporting the donor, or fails to fulfill the obligations stipulated in the gift contract, the donor may revoke the gift and exercise the right of revocation within one year from the date when he knows or should know the grounds for revocation. Whether the revocation is possible depends on whether the above-mentioned statutory grounds exist and whether the evidence is sufficient. It is recommended to first check the notarial certificate and the performance of the contract by both parties, and if necessary, entrust a lawyer to evaluate the revocation path. For more details, please refer to the following link:Legal services for real estate transactions and construction projects.

I. Problem Background and Typical Scenarios

Parents donating property to their children and obtaining a notarization are a common way for many families to transfer wealth. Typical scenarios include: children receiving donations after marriage; parents obtaining notarization to avoid objections from other children; donors regretting their decision and wanting to revoke the donation if the recipient fails to fulfill their duty of support; and interested parties claiming the donation is invalid or revocable on the grounds that it was not made with genuine intent or the procedure was illegal. Many people mistakenly believe that once the notarization is completed, the donation is "irrevocable" and cannot be reversed, while others believe it can be revoked at any time. In fact, the revocation of a notarized donation is subject to strict restrictions, and there is only room for revocation under statutory circumstances. For matters involving property ownership within the family, it can be combined with other legal means to resolve the dispute.Inheritance succession and family property division servicesCoordinate and make judgments comprehensively.

II. Key points of dispute

The disputes over the revocation of notarized gifts focus on three points. Firstly, whether the right of arbitrary revocation applies: notarized gifts are explicitly excluded from the right of arbitrary revocation, and the donor cannot withdraw the gift without a reason. Secondly, whether the statutory grounds for revocation exist: whether it constitutes a serious infringement of rights, or a violation of support or contractual obligations, which requires factual and evidentiary support. Thirdly, the time limit for exercising the right of revocation: within one year from the date when the donor knows or should have known the grounds for revocation. If the statutory revocation period expires, the right will be extinguished. In practice, the court strictly grasps the statutory grounds for revocation, and holds that one party bears a heavier burden of proof. For disputes involving the validity of contracts, reference can be made to the relevant provisions of the Contract Law of the People's Republic of China.Business and contract dispute resolution services for enterprisesUnderstand the rules of effectiveness.

III. Professional analysis by Hengluo Law Firm

Based on the gift contract dispute cases handled by our firm, it can be seen that the core disputes of notarized gifts often lie in the boundaries of validity and revocation. For example, in a housing gift contract dispute, the deceased couple donated the house involved in the case to their daughter through a notarized "Gift Contract" and completed the transfer of ownership. The other heirs sued to confirm the invalidity of the gift contract on the grounds of the disposition of co-ownership rights, forged signatures, illegal notarization, and the donee's failure to fulfill their duty of support. After the court's trial, it was found that the plaintiffs failed to provide evidence to prove forged signatures, and the court dismissed all the claims. The validity of the gift contract was legally confirmed. This case was handled by Beijing Hengluo Law Firm.Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent. Hengluo Law Firm reminds that although notarized gifts preclude arbitrary revocation, interested parties can still provide evidence of the true intention and statutory grounds for revocation; the party claiming revocation must file a lawsuit and secure key evidence within the one-year exclusionary period.

IV. Practical suggestions and legal basis

The legal basis is Article 658 of the Civil Code of the People's Republic of China (effective from January 1, 2021) (Notarized gifts are not subject to arbitrary revocation), Article 663 (Legal grounds for revocation), Article 664 (One-year statute of limitations for the right of revocation) and related provisions. Practical advice: First, confirm whether the gift has been notarized to rule out the possibility of arbitrary revocation; sort out whether there are legal grounds such as serious infringement, violation of support obligations or contractual obligations; and file a lawsuit within one year from the date of knowing the grounds for revocation to avoid the statute of limitations passing. Collect evidence such as notarization certificates, transfer records, support situations, and communication records. For family property disposal cases, relevant provisions can be combined with other legal documents to handle the matter comprehensively.Divorce litigation and family dispute resolution servicesEvaluate them together.

5. Henglu Law Firm's Reminder

Notarized gifts are not irrevocable, but the threshold for revocation is significantly higher than that for ordinary gifts. It is essential to distinguish between arbitrary revocation and statutory revocation: the former is no longer applicable after notarization, while the latter requires statutory grounds and must be exercised within one year. Do not take action after the exclusionary period has passed, nor initiate proceedings solely on the basis of verbal regret. It is recommended to fix evidence of the donee's breach of contract or infringement in advance, and to determine whether the conditions for revocation exist with the assistance of a professional lawyer to avoid increasing litigation costs. If further evaluation is needed, you can seek help from a professional lawyer.Special services and other case-related servicesDocking team.

VI. Frequently Asked Questions

Q1: Can the notarized gift contract still be revoked, and what are the chances of success?

A notarized gift cannot be revoked at will. It cannot be withdrawn without a valid reason, but it can still be revoked under statutory circumstances such as the donee seriously infringing the donor's rights and interests, failing to fulfill the obligation of support or the agreed obligations, etc. Whether it can be successfully revoked depends on whether there are statutory grounds and sufficient evidence, rather than the promise of the result. It is recommended to provide evidence and make claims within the one-year exclusion period, and have a lawyer evaluate the feasibility of revocation. Do not easily believe in unrealistic promises of winning the lawsuit.

Q2: If I want to revoke a notarized gift, what evidence do I need to prepare?

The core evidence includes: a notarized "Gift Contract" and notarization certificate, registration materials for the change of ownership of the house, police reports or medical bills proving that the donee seriously infringed the donor's rights and interests, witness statements and living records proving that the donee failed to fulfill his/her duty of support, the obligation clauses stipulated in the Gift Contract and proof of non-performance, as well as communication records. The evidence should be organized around the statutory grounds for revocation. The more complete the materials are, the better they can support the request for revocation.

Q3: How much do lawyers' fees and litigation costs amount to when revoking a notarized gift agreement?

The litigation fees are calculated according to the "Measures for the Payment of Litigation Fees" based on the amount of the litigation subject (usually the value of the house or the value of the gifted property), and are borne by the losing party. The attorney's fees are charged according to the complexity of the case and the amount of the litigation subject, either on a fixed-fee basis or on a percentage basis of the litigation subject. The specific fees are subject to the terms of the entrustment contract, and there is no unified government pricing. It is recommended to calculate the value of the property and the potential benefits before suing, and to weigh the litigation fees, attorney's fees, and the withdrawal of gains. For cases that clearly lack legal grounds, it is advisable to make rational choices.

Q4: How long does it usually take to file a lawsuit to revoke a notarized gift agreement?

The first-instance ordinary procedure generally concludes within six months, and the summary procedure within three months; cases with clear facts may apply the summary procedure. If the other party appeals, the second-instance procedure generally takes three months. After the judgment takes effect, the transfer of ownership also requires enforcement procedures. Overall, it usually takes several months to a year from filing a lawsuit to completing the transfer of property. It is recommended to apply for property preservation simultaneously during the litigation to prevent the donee from transferring or disposing of the property and shorten the actual period of rights protection.

Q5: If I find that the circumstances for revocation apply, what should I do first?

It is recommended to proceed in four steps: First, review the notarized certificate and the gift contract to confirm whether they have been notarized and the content of the agreed obligations; Second, within one year from the date of knowing the grounds for revocation, systematically collect evidence of infringement, breach of contract, or failure to fulfill support obligations; Third, first consult with the donee, and if no agreement is reached, promptly entrust a lawyer to draft a lawsuit and file a revocation lawsuit with the court having jurisdiction; Fourth, apply for property preservation during the litigation to prevent the property from being transferred. Throughout the process, keep records of communication and performance, and consult a professional lawyer when necessary.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Hengluo Law Firm for specific cases.

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 the purchase and sale of real estate·Attorney Tian Jiayan·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.