Retired Police Lieutenant Colonel Who Sued for Apartment from Own Daughter, Tells His Side of the Story

Vlada Temperamentova

"Can you imagine that in Belarus, in the city of Brest, a biological father and grandmother, using a fraudulent scheme, sued their daughter/granddaughter for an apartment? I don't need to imagine it. How can this be spread so that as many people as possible learn about this story?" — Brest photographer Vlada Temperamentova wrote on social media about her pain.

According to the girl, her grandmother Antonina gifted her the apartment. Everything was official, through a notary. Vlada notes that she and her husband spent four years renovating it from scratch: "We invested about 25 thousand dollars in the renovation. No one else lived there besides us."

"The notary testified in court that there were no signs of confusion or coercion; the grandmother herself scheduled the appointment and clearly expressed her desire to gift the apartment. However, the court did not accept these arguments," says the Brest resident.

The court declared the gift invalid, meaning the apartment—already renovated—will be returned to the grandmother.

Vlada's story was previously recounted by "Nasha Niva".

Now Onliner has presented the side of the father — retired police lieutenant colonel Yaroslav Temperamentov. However, the publication (Onliner) does not mention his name or show his photo.

The Story According to the Father

Yaroslav, Vlada's father, immediately agrees to tell the story from his perspective. And his version differs significantly from his daughter's.

— I have thousands of videos of little Vlada; I kept a chronology of our lives," Yaroslav claims. "I raised her, supported her through university – her ex-fiancé can confirm this. Her grandmother traveled to Grodno to wash clothes and clean for her. And the marshrutka driver can confirm that I delivered 50 kg of food in bags to her every week. We gave her our whole heart."

In 2019, I went to work abroad — Germany, Poland, Russia, Norway — because the goal was to buy an apartment. In the same year, I met my current partner, with whom I still live. I tasked my mother: "While I'm not in Belarus, look for an apartment for me."

Yaroslav briefly describes the wedding conflict. He was outraged by the fact that at the family introductory meeting, Vlada's mother was with a man who allegedly "represented the father."

— This outraged me. I called Vlada: "Aren't you ashamed in front of me?" Her answer: "No, I'm not ashamed." As a result, she didn't invite me to the wedding; I never attended my daughter's wedding. After raising her. All my friends, when they found out about this, weren't just outraged; they were in a state of shock.

Well, naturally, I told her that she no longer existed for me, and our communication ended there.

What happens next? The man clearly states that while abroad, he "provided money to his mother for her to buy an apartment."

— Vlada said that the apartment was bought with her grandmother's money from the sale of a previous apartment. No, that's an absolute lie. Yes, my ex-wife's lover bought our old apartment, the parental one, where I had done a luxurious renovation. My mother sold it for $33,000. This money went towards car maintenance, house repairs, and supporting my granddaughter. $7,000 remained from that money. The rest of the money for the purchase was provided by me to my mother.

I said: "Mom, we're buying an apartment, let it be registered in your name for now." I have nothing to fear; I am the sole heir. I gave the money, specifically me.

According to Yaroslav, he planned to live in the new property with his partner, but his mother suggested they move into the house and let the granddaughter live in the apartment for now. So they did.

— I planned to travel for another year to bring back some money, to, as they say, do a little renovation, change the car. I spoke with Vlada's husband. I said: let's do this, man-to-man, get in line. I said: we'll help however we can. Later, when I arrived, they still hadn't vacated the apartment.

Then came the coronavirus. Yaroslav's mother, a heart patient awaiting heart surgery, also contracted COVID. The man emphasizes:

— Heart patients are among the highest at risk of dying from COVID after 70 years of age.

At that time, my daughter worked as a general practitioner and was often in the red zone. She knew the statistics, understood everything. On January 2, 2022, my biological aunt died. And my daughter, understanding that grandma could also, forgive me, "give her soul to the archangel" (pass away), started visiting her every day.

Yaroslav accidentally found the will, drawn up a year prior, only after his mother's stroke.

— She cried, saying: "I want to ask your forgiveness." And my mother told me the whole truth: that Vlada had persuaded her to secretly sign a will behind my back. She convinced her that my partner would take everything from us. I said: "Mom, how could you believe that? I revered you and dad like gods."

I said: "Well, I'm a great son, why did you do this?" Then I went to the psychoneurological dispensary, wrote a statement, and called a team to confirm that my mother could assess her actions. Based on this document, I ordered a notary to come to the house. I called Vlada and told her: "Be dignified, apologize to me, and then we'll mend our relationship." I also have two other sons (from other marriages. — Onlíner's note) who also want a piece of the inheritance.

According to the man, he learned about the deed of gift later when he asked his daughter to move out of the apartment. Yaroslav again questioned his mother.

— My mother said: "I swear to you on the Bible that I did not make any deed of gift to her. We only had one inheritance agreement with her."

Through my, let's say, connections, I found out that indeed in 2022, my daughter was registered at this address based on a deed of gift.

And then — a lawsuit and courts:

— That's when it got interesting. When asked by the court which documents Vlada took from the notary, she replied: to prevent her biological father from finding out about the transaction, she took all the documents, including the grandmother's copy of the deed of gift. This violates the donor's rights, because, upon returning home, my mother could have sat down, calmly read all the documents, and understood that she had gifted the apartment.

The man also has his own information regarding the money spent on renovations. He claims that Vlada always quoted different amounts: from $10,000 to $25,000. Meanwhile, he considers the previous renovation perfectly suitable for living.

Now that the court proceedings are over and Yaroslav has had his way, he still speaks about his daughter emotionally:

— When I showed my mother the post on Threads, I suffered a hypertensive crisis. Then they posted a video accusing us of fraud. I, while in the kitchen, heard my mother's scream and crying. She had an attack, and an ambulance was called. My mother couldn't calm down, she cried all night. The next day she fell into a coma and is now in the hospital. She had another stroke; she is practically unconscious, her speech is completely gone, her mouth is distorted. For bringing our mother to such a state, we may file for criminal proceedings.

At the time of publication, the heroine's father contacted Onlíner and reported that "the complaint to the Judicial Collegium for Civil Cases of the Supreme Court was returned without consideration, and the case was referred to the first instance."

Павялічыць

Lawyer's Commentary

Tatyana Ravinskaya, a lawyer, explained how to properly prepare for a deed of gift:

— Gifting an apartment is a transaction by which the owner of the apartment, i.e., the donor, gratuitously transfers it to another person — the donee (Part 1, Para. 1, Art. 543 of the Civil Code). The deed of gift must be drawn up in writing, notarized, and registered. The transfer of ownership rights to the apartment from the donor to the donee must also be registered (Part 1, Para. 1, Para. 3, Art. 545 of the Civil Code).

It is not uncommon for such transactions to be declared invalid by a court at the request of an interested party if they violate the law or the rights of third parties. For example, a deed of gift for real estate may be declared invalid if such a transaction was made:

— by an incapacitated person;

— under the influence of deceit;

— under the influence of fraud, violence, threat, malicious agreement of one party's representative with the other party, or as a result of dire circumstances.

The status of the donor is the first thing to pay attention to when concluding a deed of gift, especially if the donor is an elderly person. A standard precautionary measure that confirms the donor's lucidity is obtaining a certificate from psychoneurological and narcological dispensaries.

One must not influence the donor during the preparation of the transaction; their free will must be voluntary and uncoerced, and, of course, they must not be mistaken about the nature of the transaction.

It is important to pay attention to whether the donor has another place of residence, considering their alienation of the residential premises, and if not, to resolve the issue of retaining their right to use the given premises.

If the donor, due to their age or other peculiarities, experiences difficulties in finally writing or reading the document, it is better to invite an independent witness to the transaction.

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