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Buying property in Bulgaria that was acquired by gift: can an heir challenge the transaction?

A prior gift does not automatically make property unsaleable, but reserved-share rules and later transfers can create a specific inheritance risk.

Kalchev Law FirmA law firm publication
2 min readPublished: Legal review pending

The essentials

  • After the donor's death, gifts may be subject to reduction if they infringe the reserved share of certain heirs.
  • That does not mean every purchase of previously gifted property is invalid.
  • A buyer should examine the heirs, date of death, registered claims and chronology of later transfers.

The fact that a Bulgarian seller acquired property by gift does not automatically prevent a sale. However, once an inheritance opens, the gift may matter to the reserved share of descendants, parents or a spouse.

When the reserved-share issue arises

The Bulgarian Inheritance Act limits gifts and testamentary dispositions that infringe the reserved share of protected heirs. The practical analysis after death considers who the heirs are, the composition of the estate, relevant gifts and wills, and the amount of the reserved and disposable portions.

It is therefore inaccurate to say that “a gift can always be cancelled”. The statutory mechanism is more specific and depends on the inheritance calculation and rights actually exercised.

Why a later sale creates a separate question

Article 37 of the Inheritance Act addresses certain later transfers of gifted or bequeathed immovable property. Supreme Court case law examines the relationship between the Article 30 reserved-share reduction claim and the circumstances in which a later disposition may be affected. The timing of the third party's acquisition and registration of the claim can be significant.

A buyer should therefore review the chronology rather than only the latest deed.

What to check before paying a deposit

Identify who made the gift and when. Determine whether the donor is alive and, if not, when the inheritance opened and who may hold protected inheritance rights. Check the Property Register for registered claims and other relevant entries. If an inheritance dispute already exists, review the actual court documents rather than relying on the seller's oral description.

Do not turn a specific risk into an automatic prohibition

Previously gifted property can be a perfectly ordinary subject of sale. The purpose of due diligence is to determine whether the particular history creates a real risk for your acquisition and whether it can be managed through evidence, contractual conditions, timing or a decision not to proceed.

This review should occur before a non-refundable payment because the inheritance chronology can materially affect the title assessment.

Practical guidance

What to do, step by step

01 / 04

Trace the gift and inheritance chronology

Risk is not determined merely by the word “gift” in an old deed.

  • Identify the donor, donee and date of the gift.
  • Determine whether the donor is alive and, if not, the date the inheritance opened.
  • Identify potential heirs with reserved-share rights.
02 / 04

Assess whether a reserved-share issue is actually indicated

Reduction depends on the estate as a whole, not on one property in isolation.

  • Where the inheritance is open, identify known gifts and testamentary dispositions.
  • Do not assume every heir automatically has a successful challenge.
  • If there is a dispute, review the statutory calculation and prerequisites.
03 / 04

Check registrations and court proceedings

Timing and registered claims can matter to a buyer's position.

  • Obtain a current Property Register check.
  • Request copies of registered claims or court acts where present.
  • Compare their dates with the opening of the inheritance and the proposed purchase.
04 / 04

Resolve the risk before the deposit

Gifted property is not automatically unsaleable, but an unclear title history should not be left for closing day.

  • Specify required evidence in the preliminary agreement.
  • Do not make a non-refundable payment before assessing a known inheritance dispute.
  • Where risk is material, consider contractual protection or declining the purchase.

Review title to gifted property

Discuss your circumstances with a lawyer. Leave a phone number or email, or call us directly.

This article is for general information only. It does not constitute or replace individual legal advice.