What is The Revocation of a Donation?

The revocation of a donation is possible in the following cases:

• The commission of a serious crime against the donor or one of their close relatives,
• The donee's substantial failure to fulfill their family obligations,
• The non-fulfillment of a condition stipulated in a conditional donation.

• Commission of a serious crime against the donor or one of their close relatives: The scope of the term "serious crime" must be examined specifically for each concrete case. For instance, while the crime of insult may not be considered a serious crime under Criminal Law, an insult committed against the donor may be deemed serious enough to lead to the revocation of the donation. In Supreme Court decisions concerning the revocation of donations, crimes such as insult, threat, robbery, and intentional injury have also been accepted as serious crimes. A final conviction is not required for the revocation of a donation. It is even accepted that a donation can be revoked even if no prosecution has been initiated or no complaint has been filed regarding the crime.
• The donee's substantial failure to fulfill their family obligations arising from law: In this article, unlike the previous one, the legislator has stipulated the non-fulfillment of legal obligations solely towards the donor and their family members as a ground for the revocation of a donation. For example, if spouses fail to comply with their duty of fidelity, leave the common residence, or cause harm to the other spouse or their relatives, the revocation of the donation may be possible. However, the donee's exercise of a legal right, such as initiating enforcement proceedings for a receivable, cannot be considered a ground for revocation of the donation.
• Non-fulfillment of a condition stipulated in a conditional donation: If, at the time of the donation, certain acts or procedures were agreed to be performed by the donee, and the donee failed to fulfill the condition without a just cause, revocation of the donation is possible. While the content of the "just cause" concept is not explicitly defined in law, in practice, situations such as the expenses required to fulfill the condition significantly exceeding the value of the donation are considered just causes.

Can a Donation Made to a Foundation Be Revoked?

If a conditional donation is made to a foundation, and these conditions are not met without a just cause, the donor may exercise their right to revoke the donation. Furthermore, if the reserved portions of the donor's heirs have been infringed, they may file an action for reduction (tenkis davası).

Is Revocation of Donation Possible for Heirs?

If the donor passes away within one year from the date of the donation, the right to revoke the donation passes to the heirs. Heirs may exercise the right to revoke the donation within the remaining part of the one-year period from the donation. However, if the donor could not learn of the ground for revocation before their death, the period for heirs to exercise the right of revocation commences from the date of death.

Which Court Has Jurisdiction for an Action for Revocation of Donation?

If actions for revocation are filed as lawsuits for annulment and registration of title deeds, the competent and authorized court is the Civil Court of First Instance located where the immovable property is situated. Actions for revocation concerning donations of movable properties will also be heard in the Civil Court of First Instance.

Is There a Statute of Limitations for the Annulment of a Donation?

The donor may annul the donation within a one-year period starting from the date they learned of the ground for revocation. With the donor's unilateral declaration of will, the contract terminates retroactively. After revoking the donation, the donor may demand the restitution of the subject matter of the donation from the court in accordance with the provisions on unjust enrichment. The donor must exercise this right within a two-year statute of limitations period starting from the date they learned of the ground for annulment of the donation.

Can a Donated Title Deed Be Annulled?

If the above conditions are met, a donated title deed can be annulled by the donor, and in the event of their death, by their heirs. Additionally, in the presence of a situation involving the concealment of assets from inheritance, a lawsuit for the annulment of title deeds can be filed without being subject to a statute of limitations. Heirs whose reserved portions have been infringed may also file an action for reduction, demanding the annulment of the title deed to the extent of their shares corresponding to their reserved portions.

Supreme Court Decisions on the Revocation of Donations

1st Civil Chamber 2016/4147 E. 2019/341 K. 21.01.2019 T.

“The lawsuit concerns a request for annulment and registration of title deed based on the legal ground of revocation of donation, and the court decided to dismiss the case. According to Article 297 of the Turkish Code of Obligations (TCO) (formerly Article 246 of the Old Code of Obligations), the donor may revoke the donation within 1 year starting from the date they learned of the ground for revocation. In the concrete case, 21 years have passed from the donation date to the lawsuit date. Therefore, the 1-year peremptory period has expired. The dismissal of the lawsuit is correct on this ground, and the plaintiffs' appeals, which were found to be unfounded, are rejected, and the judgment, which is in accordance with procedure and law, is affirmed…”

1st Civil Chamber 2013/13321 E. 2013/17040 K. 02.12.2013 T.)

“From the file content and collected evidence; it is understood that the plaintiff transferred the immovable property numbered 59, of which he was the registered owner, to the defendant for the construction of a police station, that the immovable property is still registered in the name of the Treasury, that a decision was made on 01/11/1992 in the Village decision book to give the immovable property to the Treasury for the construction of a police station building, that the Provincial Gendarmerie Command requested the abolition of the Yiğitler Police Station with its letter dated 28.02.2005, and that the plaintiff filed the current lawsuit alleging that the police station building was not constructed. As is known, according to Article 297 of the Turkish Code of Obligations, the donor may revoke the donation within one year starting from the date they learned of the ground for revocation. In the concrete case, it is understood that the plaintiff's belief that a police station would be built continued until 2010, that the letter dated 28.02.2005 from the Provincial Gendarmerie Command was an inter-institutional correspondence, and there is no evidence that the plaintiff had knowledge of this letter, and there is no concrete evidence indicating that the plaintiff filed their lawsuit after the expiration of the one-year peremptory period stipulated in Article 297 of the TCO from the date they definitively learned that the police station would not be built, and thus it should be accepted that the lawsuit was filed within the period.”

1st Civil Chamber 2021/4720 E. 2022/4841 K. 15/06/2022 T.

“...if the donee has failed to fulfill the charge in a donation with a charge without a just cause.” The legislator, with the provisions of the first and second paragraphs of Article 295 of the TCO, has established a parallel between these provisions and Article 510 of the Turkish Civil Code (TCC) No. 4721, which regulates the grounds for disinheritance, aiming to relieve the beneficiary of the donation from the donor's continuous pressure. Indeed, considering simple events as grounds for revocation (rücu), in addition to the aforementioned drawback, would create a situation contrary to the purpose pursued in the explained articles of law and would also harm the sense of justice and fairness. Therefore, it is imperative to evaluate the provisions of both articles together, taking into account the scope, nature, and especially the severity of the events. It should be immediately noted that since revocation (rücu) is a constitutive right that terminates an established contract due to subsequently arising reasons, the donee is obliged to return only the amount remaining in their possession at the time of revocation (rücu). This right must be exercised within one year from the date of learning the ground for revocation, according to Article 297 of the TCO.”

Lawsuits for annulment and registration of title deeds through revocation of donation are high-value cases. Procedural errors made during the litigation process of these cases can negatively affect the lawsuits, and in some instances, may even lead to the dismissal of the case. Therefore, it is crucial to proceed with the filing of such lawsuits through an expert real estate lawyer.

In this article, we discussed the revocation of a donation. You may ask any questions you have regarding the subject in the comments section.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy