Gifts of Property in Russia: Form, Registration and When a Gift Can Be Revoked

A gift in Russian law is a transfer of property free of charge, and its form depends on what is given. Under Article 574 of the Civil Code, a gift of a movable item accompanied by its transfer may be made orally, a gift of real estate between citizens is subject to notarial certification, and a promise to give something in the future must be in writing. If the donor is a legal entity and the gift is worth more than three thousand rubles, written form is required.

A donor who regrets the gift has very limited options. Article 578 allows revocation only in the listed cases, such as an attempt on the life of the donor or a member of his family. This guide explains how gifts are formed, what the registration question is, when a gift can be revoked, how gifts interact with heirs and creditors and what a donor or recipient abroad should prepare.

Oral Gifts and Gifts Requiring Writing

Article 574(1) says that a gift with immediate transfer of the item can be made orally. The transfer may be physical, symbolic, such as handing over the keys, or by handing over the documents of title. A gift of cash or a watch from parent to child needs no document.

Written form is required for gifts of movables in two cases: when the donor is a legal entity and the value exceeds three thousand rubles, and when the contract contains a promise to make a gift in the future. An oral contract in these cases is void.

A gift of real estate between citizens must be certified by a notary under Article 574(3) in the wording introduced by Federal Law No. 459-FZ of 13 December 2024. Earlier editions required only simple written form, so contracts signed before the change follow the old rule, and the present text of the Article should be checked on the date of the transaction.

Real Estate Gifts and Registration

The transfer of ownership of real estate is recorded in the state register. For gift contracts concluded after 1 March 2013 the contract itself is no longer registered; what is registered is the transfer of ownership to the recipient. The practical advice is to confirm the current requirements with the notary and the registry before signing.

A notary certifying the contract will usually also submit the documents to the register. The recipient becomes the owner when the register entry is made, not when the contract is signed.

For a donor abroad, the contract can be signed by a representative under a power of attorney that expressly authorises the gift of the specific property, or at a Russian consulate where notarial acts are available. The power of attorney should name the recipient or the conditions, because a general mandate may not be enough.

When a Gift Can Be Revoked

Article 578 lists the grounds. The donor may revoke the gift if the recipient attempted on the life of the donor, a member of his family or a close relative, or intentionally caused the donor bodily harm. The commentary treats the list as exhaustive and requires that the acts be intentional and proved by a criminal judgment or a civil court ruling.

If the recipient intentionally caused the donor's death, the right to go to court passes to the donor's heirs. A donor may also ask a court to revoke a gift of an item of high non-property value if the recipient's handling creates a risk of its irretrievable loss.

The contract may give the donor the right to revoke the gift if the donor outlives the recipient. This is a useful clause for gifts to relatives, and it should be written clearly in the contract.

Consequences of Revocation

If the gift is revoked, the recipient must return the item if it still exists in kind. A refusal to return requires a court decision. If the recipient intentionally destroys or disposes of the item after the ruling takes effect, its value may be claimed as unjust enrichment, according to the commentary.

Revocation is a unilateral act with no special form, but the donor's intention must be clear and communicated to the recipient. In practice, the donor sends a written notice and, if the recipient refuses, files a claim.

A donor who wants to take back a gift for other reasons, for example because the relationship soured, has no right to do so. A different route may exist if the contract was invalid or if the donor was deceived, but those cases fall under the general rules on invalid transactions.

Gifts, Creditors and Bankruptcy

Article 578 also contains a rule for entrepreneurs: a court may revoke a gift made by a business entity or entrepreneur in breach of bankruptcy law, using funds from its business, within six months before it was declared insolvent, at the request of an interested party.

A person who transfers property to relatives while owing money invites a challenge under the general rules on transactions that harm creditors. Another page of this site discusses challenging transactions in bankruptcy.

A recipient who accepted a gift from a debtor should understand that the property may be recovered if the transfer is later challenged.

Gifts and Inheritance

A gift made during the donor's life is not part of the estate. Heirs who feel disadvantaged may challenge the gift only on grounds that apply to any transaction, such as the donor's incapacity or a defect of will. Other rules, such as the mandatory share for certain heirs, relate to the estate and not to completed gifts.

A donor who wants to avoid disputes records his intention in the contract, obtains a medical certificate of capacity if his health is in question and informs the family where appropriate.

Tax consequences depend on the relationship of the parties and on the tax rules for individuals, which are described on other pages.

Practical Checklist

Choose the form that the law requires. Identify the object by its register data. Confirm that the donor is the owner and that no restrictions exist. For real estate, use a notary and check registration. For a donor abroad, prepare a power of attorney with express powers. Consider a clause on revocation if the donor outlives the recipient. Keep all documents.

The attorney drafts gift contracts and advises on revocation, challenges and related inheritance issues. First review covers the object, the parties and the intended form.

The main channel of communication with the attorney is email: attorneypetrova1@gmail.com.