Article 924-4 of the Civil Code establishes a formidable mechanism for purchasers of real estate received by donation: the possibility for reserved heirs to claim the property directly from a third-party purchaser. This provision, linked to the action for reduction of excessive gifts, creates legal insecurity that extends far beyond the donor’s family circle.
Several practitioners have reported since 2023-2024 a significant increase in disputes based on this text, often triggered after the sale of a donated property. The wave of wealth transfers expected between 2025 and 2035 in France, the largest in its history according to the Journal du Net, suggests a multiplication of these litigations.
The mechanism of claiming against the third-party purchaser
The classic action for reduction opposes a reserved heir to the beneficiary of a gift (donee or legatee) who has received more than the available portion. The principle is simple: the hereditary reserve must be restored, and the gratified must return what exceeds the share that the deceased could freely dispose of.
Article 924-4 adds another layer to this mechanism. When the donee has resold the property and cannot pay the reduction indemnity, the reserved heirs have a right of follow-up. They can act directly against the third-party holder of the property, through a claim action, to obtain the restitution of the property itself.
This action against the purchaser is not automatic. It requires that the donee-seller be insolvent or refuse to pay the indemnity. Understanding Article 924-4 of the Civil Code involves this distinction between the indemnity claim (against the donee) and the real right of claim (against the third party).
Available portion and hereditary reserve: the threshold that triggers reduction
For a gift to be reducible, it must exceed the available portion. This threshold varies according to the number of the deceased’s children. The reduction only applies to the fraction of the donation that encroaches on the hereditary reserve.
The calculation is made at the time of the donor’s death, not at the time of the donation. A property given twenty years before death may be affected if, on the day of succession, the total of the gifts exceeds the available portion. It is this temporal gap that makes Article 924-4 so destabilizing for purchasers: the risk of claim can remain latent for decades.
Limitation period for the action for reduction
The limitation period for the action for reduction is set at five years from the opening of the succession. These deadlines also frame the action for claim against the third-party purchaser, as it constitutes an extension of it.
The practical issue is as follows: as long as the donor is alive, no heir can act. The limitation period only begins upon death. A purchaser can therefore hold a property for years without knowing that they are exposed to a future claim.
Sale of a property received by donation: the notary’s precautions
During a real estate sale, the notary verifies the property’s ownership history over a period of thirty years. If the property was acquired by donation, they must ensure that the sale does not create a risk for the purchaser in light of Article 924-4.
This is why, in practice, the notary frequently requests the signature or consent of the other reserved heirs of the still-living donor. The website of the Notaires de France confirms this: even if the donee is the sole owner, the agreement of siblings secures the sale by preventing any subsequent claims.
This consent can take several forms:
- An anticipatory waiver of the action for reduction, possible since the law of June 23, 2006, received by two notaries
- A friendly agreement of co-heirs in the deed of sale, in which they declare they do not contest the donation
- The payment of part of the sale price into an escrow account, as a guarantee for a potential reduction indemnity
Without one of these precautions, the purchaser bears a real risk. The eviction guarantee owed by the seller (Articles 1626 and following of the Civil Code) does not always suffice to effectively protect them if the donee-seller becomes insolvent in the meantime.
Action for reduction and universal legacy: a sometimes blurred articulation
The action for reduction does not only target gifts between the living. Legacies, including universal legacies, can also be reduced when they exceed the available portion. The universal legatee then finds themselves in a position comparable to that of the donee: they may have to return all or part of what they have received.
The difference lies in the nature of the transmitted right. A universal legacy pertains to the entire estate, complicating the calculation of the reduction. It is necessary to reconstruct the estate mass, fictively reintegrate previous donations, and then determine if the cumulative gifts exceed the available portion.
The available data do not allow us to conclude that the courts treat the claim against a third-party purchaser of a bequeathed property and that targeting a donated property in the same way. The doctrine remains divided on this point, and the case law has not yet clarified all situations.
The role of the gratified in the execution of the reduction
Since the reform of 2006, the reduction is generally executed in value, meaning through the payment of an indemnity. Reduction in kind (restitution of the property itself) only occurs in limited cases. This orientation protects the stability of transactions, but Article 924-4 maintains a notable exception when the gratified cannot pay.
The massification of inheritances expected in the next decade, with revenue from transfer taxes reaching 21.2 billion euros in 2025 according to the DGFiP, will mechanically multiply situations where old donations resurface during liquidations. For any purchaser of a property received by donation, verifying the ownership history and obtaining the consent of reserved heirs remains the best protection against the risk of claim.