Pursuant to Article 459 of the 2015 Civil Code and Point a, Clause 3, Article 27 of the 2024 Land Law, the donation of real estate is regulated as follows:
- The donation of real estate must be made in a notarized, certified document or must be registered, if the real estate must register ownership according to the provisions of law.
- The real estate donation contract is valid from the time of registration; if the real estate does not require registration of ownership, the donation contract is valid from the time of transfer of the property.
From the time of registration, the child (receiving the gift) is officially the legal owner and has full right to use and decide on the donated land.
After being given real estate by their parents, many cases of children changing their attitudes, driving their parents out of the house, and not taking care of them. However, because they have completed the donation of real estate, parents do not have the right to reclaim the donated land for the following reasons:
- The donation has been completed and has come into effect.
- The donation is done voluntarily, without deception or forcedness, so there is no basis for the Court to declare it invalid.
Currently, the giving of gifts is legally confirmed when the donation contract is notarized, the change registration procedures have been completed at the Land Registration Office and the change registration in the land book has been completed.
Accordingly, after completing the registration of changes in the land registration book, children will have full legal powers such as the right to manage, use, and decide on land, except in cases where the donation contract has notarized and stipulated that the contract conditions are canceled if your child is ungrateful or kicks you out of the house.
The law also stipulates that in some cases, the donor can still reclaim the donated land.
The donor has the right to request the donor to fulfill one or more obligations before or after receiving the property as prescribed in Article 462 of the 2015 Civil Code, these conditions must be legal, not violate the prohibited provisions of law, as well as not be contrary to social ethics.
If the donation contract has the obligations that the recipient must perform after the property has been transferred, but the recipient does not fulfill its obligations as committed, then the donor has the right to reclaim the given property and require compensation for damage. This provision ensures that the awarded property only belongs to the recipient when they fulfill the obligations agreed in the contract.
Conversely, if the land donation contract does not include conditions, from the time the contract takes effect and the property has been transferred, the donor no longer has the right to reclaim the donated land.
Thus, after the parents have completed all the procedures to give the land to their children without having the conditions with the donation contract, parents cannot reclaim the donated land. If the donation contract is enclosed with conditions that the child does not perform the obligation as committed, parents have the right to reclaim the land and request compensation for damage in accordance with the law.
