An estate administrator claimed to return to the Estate Fund a real estate property of deceased that was given as a gift during her lifetime, claiming that she never agreed to give the apartment as a gift to the defendants and that the entire gift agreement was fraudulent and was made contrary to the deceased's understanding, which was not her opinion, and under coercion.
The Court dismissed the claim in accordance Due to compliance with the Condition of gift agreement. The Inheritance Law states that: A gift that a person gives in order to be fixed to the recipient only after his death will be valid if it was also made through a will, an undertaking to give a gift must be in writing and it is not possible to cancel a completed gift. Therefore, canceling a gift in real estate that ended in recording is not possible. Here, the deceased signed an affidavit before a lawyer to grant the apartment as a gift after he had given a detailed explanation of the meaning of this, the apartment was recorded in the name of the heirs during her lifetime and in one of her wills she even bequeathed it to them. A medical examination conducted on the deceased after the date of the gift determined that she was Competent and stands up to her opinion. It was determined that the gift of the apartment was lawfully given.