How to Overturn a Gift Deed
A gift deed, like any other real estate deed, conveys the ownership of real estate from one individual to another. A gift deed must conform to the same legal elements as any other deed, and the failure to fulfill all elements may cause the deed to be overturned. An overturned gift deed makes the conveyance of the deed of real estate ineffective, and the ownership of the property will return to the original owner of the property.
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Instructions
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Discuss the possibility of overturning a gift deed with an attorney. An attorney in your state will be familiar with state law and any additional requirements necessary for a gift deed to be overturned.
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Examine the gift deed to see if any defects appear on the face of the deed. The essential elements of a valid deed include words of grant or conveyance in the deed, a legal description of the property and the individual granting the deed's signature. If any of these elements are missing from the deed, the deed may be overturned.
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Talk with the donee, or the individual who received the deed as a gift. In most states, the courts presume the donee accepts the gift of a deed. However, if the donee did not accept the deed, you may have a basis for a challenge and overturning of the deed.
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File a lawsuit to challenge the gift deed in court. If you find errors in the deed, you can file a civil lawsuit in the county where the property is located to challenge the effectiveness of the deed. If you are successful, the gift deed will be overturned.
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References
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