Having entered the case at the appellate stage, I defended the interests of an elderly mother who had been deceived by her own daughter, who had received an apartment from her as a gift for the purpose of selling it. My client's husband died before the date of the appellate court's consideration of the case.
The daughter deceived her parents by offering them to sell their only apartment and move to Sochi. According to the agreement with her parents, she was supposed to sell their apartment and buy them a new living space. But after the deed of gift, which was drawn up specifically for the purpose of completing and simplifying all the actions related to the move, the daughter deceived her parents, stopped contacting them, and said that the apartment was now hers.
The court of first instance satisfied the mother's claims, established all the facts indicating that the contract for the gift of the apartment was concluded by her and her deceased husband under the influence of deception. The consequences of the invalidity of the transaction were applied, the apartment was returned to the ownership of the parents.
In the appeal, we managed to protect the interests of the mother. The appellate court once again confirmed the correct conclusions of the court of first instance that when concluding the gift transaction, the parents were deceived by their daughter, that the contested transaction was not concluded if the parents had information about the real intentions of the daughter.