What is a Donation Agreement? Can a Donation be Revoked, and Under What Conditions is it Valid?

A parent transferring their home to their child, a person donating land to a loved one, or giving money or valuable property without expecting anything in return are common occurrences in daily life. Legally, such transactions of donation contracts .

However, many people wonder about the answers to questions such as, "Can I change my mind after making a donation?", "Can I get my donated house back?", or "Is a written agreement required for a donation?".

The donation contract, regulated in the Turkish Code of Obligations, is a special type of contract that can be established under specific conditions and can be revoked in some cases.

What is a Donation Agreement?

A donation agreement is a contract in which one person undertakes to transfer assets from their property to another person free of charge

The most important feature of this agreement is that the recipient does not pay any consideration. In other words, the donor agrees to transfer their property or rights completely free of charge.

The subject of forgiveness;

• House,
• Plot,
• Vehicle,
• Money,
• Jewelry,
• Other movable or immovable property assets

it could be.

Does every act of giving without expecting anything in return count as a donation?

No.

According to the law, some transactions are not considered donations.

For example;

• Waiving a right that has not yet been earned,
• Rejecting an inheritance,
• Fulfilling a moral duty,

It is not considered within the scope of a donation agreement.

Therefore, not every gratuitous act automatically qualifies as a donation.

Who can donate?

As a rule, only persons with legal capacity can make donations.

However, the right to make donations is not absolute. Restrictions arising from marital property regimes and inheritance law may become important in certain situations.

The law also allows for the cancellation of a donation by court order under certain conditions, in exceptional circumstances such as when a decision is made to restrict the donor's rights due to their extravagance after the donation has been made.

Can anyone accept the donation?

Individuals who have the capacity to understand but lack full legal capacity may also accept a donation.

However, the legal status of a donation may change if the legal representative prohibits the acceptance of the donation or requests the return of the donated property.

Therefore, the role of legal representatives is particularly important in donation transactions made on behalf of minors and those with limited legal capacity.

How to Establish a Donation Agreement?

The way a donation agreement is established may vary depending on the subject of the donation.

Promising to Forgive

A promise to make a donation to someone in the future should, as a rule, be made in writing.

If the subject of the donation is real estate or a real right over real estate, it must comply with the formal requirements. Therefore, a verbal agreement alone is not sufficient for real estate donations.

Donation by Hand

In some cases, a donation may be made through the direct delivery of the goods.

For example;

• Giving money,
• Giving a watch as a gift,
• Phone delivery,

This can be given as an example of donating by hand.

In these types of donations, the actual delivery of the goods is important.

Is it possible to make conditional and pledged donations?

Yes.

The law also permits donations to be subject to certain conditions or obligations.

For example, when donating real estate, a person might stipulate that the recipient must care for a specific person, cover their educational expenses, or fulfill a public service obligation.

If the recipient fails to fulfill this obligation without a valid reason, there may be legal consequences.

Can donated property be returned to the donor?

The law stipulates that this may also be possible under certain conditions.

For example, the donor may stipulate that if the recipient dies before the donor, the donated property shall revert back to the donor.

In real estate donations, it is also possible to have this condition noted in the land registry.

Can a donation offer be withdrawn?

If the recipient has not yet accepted the offer, the donor can, as a rule, withdraw the donation proposal.

Therefore, simply stating, "I will donate this house to you," does not, in every case, mean that the donation is definitively complete.

Is the donor responsible for all losses?

No.

The law has limited the donor's liability.

As a rule, a donor can only be held liable for damages caused by their gross negligence.

In addition, if a separate warranty has been provided for the donated property, liability may also arise under that warranty.

Can a donation be withdrawn?

This is one of the most frequently asked questions.

Not all donations are revocable. However, in certain special circumstances stipulated by law, a donor may have the right to request the return of their donation.

Some of these are:

• If the recipient commits a serious crime against the donor or their relatives,
• Serious violations of legal family obligations,
• Failure to fulfill the obligations agreed upon in a donation with a fee without justifiable cause.

In these cases, the donor may request the return of the donation within the framework of the conditions stipulated by law.

Does a promise of forgiveness always have to be kept?

No.

In some cases, the donor may retract their promise or refuse to fulfill it.

For example;

• His financial situation subsequently deteriorated significantly,
• The emergence of new family responsibilities,
• The occurrence of the grounds for revocation specified in the law,

In situations like these, the promise of forgiveness may not be fulfilled.

Each case must be evaluated within its own context.

What is the donation recovery period?

The law does not grant the donor the right to revoke the loan indefinitely.

This right must be exercised within a specified period from the date the reason for revocation is learned. Furthermore, in some cases, if the donor dies, their heirs may also exercise this right under the conditions stipulated by law.

Since failing to comply with the deadline can lead to a loss of rights, it is important to make a legal assessment based on the specific characteristics of the case.

Conclusion

A donation agreement is a significant legal transaction that enables the gratuitous transfer of a property or right to another person. However, the idea that a donation, once made, is irreversible is incorrect. The law allows for the revocation of a donation or the non-fulfillment of a donation promise in specific and exceptional circumstances.

Especially when it comes to donating houses, land, or other high-value assets, it is important to ensure the transaction is carried out properly, that all necessary formal requirements are met, and that legal assistance is sought to prevent potential future disputes.

Supreme Court Decisions Regarding Donation Agreements:

1st Civil Chamber, Case No. 2025/1643 E., Decision No. 2026/1531 K.
“Case Law Text”

COURT: Civil Court of First Instance
CASE NUMBER: 2021/34 E., 2024/290 K.

The lawsuit concerns a request for cancellation and registration of title deeds based on the invalidity of the contract and the legal grounds of undue influence (gabin).

The plaintiff made a donation promise in the form of an agreement dated 11.10.2011 contract The defendant, the Association, acquired the immovable property numbered 11 34… parcel, which is the subject of the lawsuit, and independent section number 16 in the immovable property numbered 4 parcel, which is not a subject of the lawsuit forgiveness He stated that he had promised and authorized a society employee with a power of attorney dated the same day, and that the property in question was transferred to the defendant society by donation on November 11, 2011, in exchange for land allocation and maintenance services forgiveness he made a promise, however, a promise of donation contract Claiming that the transactions were formally invalid, that he had carried out the aforementioned transactions during a moment of crisis due to the effects of old age and fear of loneliness, that he had no need for the services offered by the defendant society, and that he had not benefited from the land allocation and services provided by the defendant, he requested the cancellation of the title deed of the immovable property numbered 11 34… and its registration in his name.

The defendant argued that the transfer procedures were proper and valid, that the obligations were fulfilled, that a fully equipped residence was allocated to the plaintiff, and that the plaintiff did not move into the allocated apartment of their own free will, and therefore requested the dismissal of the case.

By the court's decision dated 31.03.2016, numbered 2012/360 and 2016/190, the court ruled as follows: forgiveness The court found no formal invalidity in the transaction, that the defendant fulfilled its obligations, and without forgiveness The court dismissed the case on the grounds that the conditions for recourse had not been met. Upon appeal by the plaintiff's attorney, the Court of Appeals, in its decision dated September 29, 2020, numbered 2017/2638 and 2020/4570, overturned the lower court's decision on the grounds that, considering the manner in which the claim was presented, the content of the lawsuit, and especially the statements of the plaintiff's attorney during the preliminary hearing, the plaintiff had focused on the formal invalidity of the contract and the grounds of undue influence; the court had addressed the claim of formal invalidity but had not considered the claim of undue influence before reaching a conclusion; and that the lower court's decision should have been made based on the plaintiff's claim of undue influence.

With the court's decision, dated and numbered as stated above; forgiveness The transaction was not formally invalid; the defendant fulfilled its obligation and allocated the apartment to the plaintiff forgiveness The conditions for its cancellation have not been met, the contract is formally valid, and the defendant's response dated October 18, 2022, specifies the annual expenses incurred for a member during the years 2011-2017 forgiveness contract It was determined that the plaintiff donated two properties to the defendant, one of which is the property in question, and the other is the subject of case number 2022/397 of the Istanbul Anatolian 8th Civil Court; that the Istanbul Anatolian 8th Civil Court ruled to cancel the title deed of the property in question in case number 2022/397 in the defendant's name; and that this decision was upheld by the 1st Civil Chamber of the Supreme Court of Appeals with its ruling numbered 2023/398, 2024/4710, dated September 10, 2024 forgiveness in the contract The court ruled in favor of the plaintiff, finding an extreme disproportion between the values ​​of the two properties and the defendant's annual expenses for one of its members, and also considering the plaintiff's age, concluding that the contract constituted an excessive benefit for the defendant.

The decision rendered by the court in compliance with the reversal order was appealed by the defendant's attorney; after a preliminary examination regarding finality, time limits, appeal conditions, and other procedural deficiencies, the appeal petition was accepted, and after hearing the report prepared by the Examining Judge, the documents in the file were examined and the necessary considerations were made:

- DECISION -

It has been determined that the Court decision under review on appeal is suitable for reversal, that there is no inaccuracy in the application of legal rules to the specific case in the decision and its reasoning, and that there is no legal possibility to re-examine the aspects that constitute a vested right in favor of the opposing party by complying with the reversal; therefore, since the reasons put forward in the appeal petition are not deemed to be of a nature that would necessitate the reversal of the decision, the decision, which is in accordance with the procedure and the law and the requirements of the reversal decision, is AFFIRMED; since the defendant is exempt from court fees, there is no need to make a decision on this matter; the file is to be sent to the Gebze 1st Civil Court of First Instance; the right to request a correction of the decision is open within 15 days from the date of notification of the decision; the decision was made unanimously on March 2, 2026.

3rd Civil Chamber, Case No. 2025/5622 E., Decision No. 2026/2789 K.
“Case Law Text”

COURT: Ankara Regional Court of Appeals, 36th Civil Chamber CASE
NUMBER: 2024/1234 E., 2025/1307 K.
FIRST INSTANCE COURT: Ankara 25th Civil Court of First Instance
CASE NUMBER: 2019/830 E., 2024/134 K.

The Regional Court of Appeal's decision was appealed by the defendant's attorney; after a preliminary examination regarding finality, time limits, appeal conditions, and other procedural deficiencies, the appeal petition was accepted, and after hearing the report prepared by the Examining Judge, the documents in the file were examined and the necessary considerations were made:
I. CASE
The plaintiff, represented by attorney … on behalf of …; The plaintiff claims that the restricted individual, ..., has been suffering from dementia since 2013, and that, in accordance with the Health Board report dated June 27, 2019, and numbered 1097, obtained from ... Training and Research Hospital, the Ankara 11th Civil Court of Peace, in its decision dated July 11, 2019, and numbered 2019/911 E., 2019/915 K., decided to place him under guardianship due to his illness; that ... has determined that his father's assets have significantly decreased at this stage; that on February 12, 2018, 100,000.00 TL was sent from ... Account to ... as a donation by the person/persons using the restricted individual's bank account; and that the restricted individual lacked legal capacity and the intention to make the donation at the time it was made; therefore, he requests that the defendant association be ordered to pay the 100,000.00 TL donation, along with legal interest accruing from the date of the donation. Upon the plaintiff's death during the trial, his heirs continued the case.

ANSWER II
The defendant's attorney argued that the donation was made properly and of the donor's own free will, and that the documents submitted by the plaintiff were dated 2019 forgiveness The defendant argued that more than a year had passed between the donation and the recipient, that there was no evidence or documentation to suggest that the recipient lacked mental capacity at the time of the donation, and that the donation was made properly and without any irregularities, requesting the dismissal of the case.
III. FIRST INSTANCE COURT DECISION
With the decision of the First Instance Court, dated and numbered as stated above; the defendant's claim against the plaintiff.. forgiveness No written documentation was provided regarding the terms and conditions of the donation; only a deposit into an account was considered a donation contract The court ruled that the claim should be accepted and a fine of 100,000.00 TL should be awarded, on the grounds that the plaintiff, a restricted person, did not have legal capacity on February 12, 2018, the date the transaction was made, and that the restricted person suffered from Dementia, a type of senility, on the date the transaction in question was made, as confirmed by a report from the Forensic Medicine Institute forgiveness The court ruled that the transaction be cancelled and that 100,000.00 TL, along with legal interest accruing from February 12, 2018, be collected from the defendant and paid to the plaintiff heirs in proportion to their inheritance shares; the defendant's attorney filed an appeal against this decision within the prescribed time limit.
IV. APPEAL
The Regional Court of Appeal, in its decision dated and numbered as stated above, ruled that, as with all legal transactions, the donor must first possess legal capacity when expressing their intention to donate; that if they lack legal capacity, the relevant legal provisions governing donations cannot be applied to the specific case; therefore, objections regarding forfeiture periods and statute of limitations cannot be heard; that the lawsuit was correctly directed against the defendant; and that, considering the grounds for appeal presented, the Court's factual and legal assessment did not contain any procedural or substantive irregularities. Consequently, the appeal was rejected on its merits; the defendant's attorney filed an appeal against this decision within the prescribed time limit.
V. APPEAL
A. Grounds for Appeal
The defendant's lawyer argued that the lawsuit should be directed against his client, the president of the association, and that the plaintiff.. forgiveness He stated that he had neither filed a lawsuit for its annulment nor made any demands from his client association, and that his objections were based on the statute of limitations and forfeiture period forgiveness The appellant argued that he understood the legal nature of the actions taken by the person under restriction on that date, and that the acceptance of this lawsuit, which was filed in an attempt to obstruct the person's wishes, was unlawful, and requested that the decision be overturned.
B. Evaluation and Justification
The dispute is invalid due to lack of legal capacity forgiveness It relates to the claim for the collection of the money involved in the transaction.
Forgiveness contract This is regulated in Articles 285 and subsequent articles of the Turkish Code of Obligations No. 6098, and Article 286 concerns the donor forgiveness everyone who has legal capacity, as specifically indicated by their capacity, is subject to limitations arising from marital property regimes or inheritance law forgiveness It has been stated that it is possible.
In light of these explanations, upon examining the specific case, it is understood from the report obtained from the Forensic Medicine Institute that the plaintiff did not have legal capacity as of the date of the incident. Therefore, the appeal of the defendant's attorney is rejected, and the decision, which is found to be in accordance with procedure and law, is upheld.

VI. DECISION
For the reasons stated above;
that the decision of the Regional Court of Appeals, which is under appeal, be AFFIRMED in accordance with Article 370/1 of the Code of Civil Procedure No. 6100,
that the file be sent to the First Instance Court, and a copy of the decision be sent to the Regional Court of Appeals
.