Question: My mother gave her only house to my younger brother on the condition that he would take care of his mother for the rest of his life. However, after the name was transferred, my younger brother sold the house and moved to his wife's house, no longer taking care of his mother. So I would like to ask, in this case, is it possible for my mother to reclaim the property she gave her?
Reply:
In Article 462 of the 2015 Civil Code, there are regulations on giving property with conditions.
Specifically, the donor can request the donee to perform one or more obligations before or after the donation. Donation conditions must not violate legal prohibitions or be contrary to social ethics.
In case the obligation must be performed before the donation, if the donee has fulfilled the obligation but the donor does not hand over the property, the donor must pay the obligation that the donee has performed.
In case the obligation must be performed after donation but the donee fails to perform, the donor has the right to reclaim the donated property and request compensation for damages.
Considering that the condition that your mother requires your younger brother to take care of your mother until she gets old is neither against the law nor against social ethics, the property gift contract with this condition meets the prescribed conditions. under the law.
Your mother has also transferred the house's name to your younger brother and has fulfilled the contract.
However, your younger brother did not fulfill the condition that he must take care of your mother until she gets old, sold this house, moved to his wife's house and did not take care of your mother, so it can be seen that your younger brother has violated the law. conditions of a conditional donation contract.
As mentioned above, "in cases where obligations must be performed after donation but the donee does not perform, the donor has the right to reclaim the property and request compensation for damages."
Therefore, in this case, your mother has the right to request your brother to return the property and claim compensation for damages according to the provisions of law.
Minh Hoa (th)
