Short answer. No. If the donee died before the donor filed a complaint, the action for revocation based on ingratitude cannot be brought against the donee's heirs. The Civil Code bars this unless the complaint had already been filed while the donee was still alive.
What the law says
Neither can this action be brought against the heir of the donee, unless upon the latter's death the complaint has been filed.
Civil Code, Article 770 — Non-Transmission Of The Action. Read the full provision →
The complaint must be filed before the donee dies
Article 770 of the Civil Code sets a clear and strict rule: the action for revocation of a donation on the ground of ingratitude cannot be brought against the donee's heirs unless the complaint was already filed before the donee died. The timing is everything. If the donor waited — even if justifiably — and the donee passed away in the meantime without a complaint on record, the right to revoke for ingratitude is extinguished. The heirs of the donee cannot be made to answer for a personal wrong committed by the donee himself.
Why the law treats ingratitude as a personal claim
Ingratitude is a deeply personal wrong. The law treats revocation on this ground as a claim tied to the specific person who wronged the donor — not to the donee's estate in general. The donee's heirs did not commit any act against the donor; they merely inherited from someone who did. Allowing the action to survive against the heirs would punish them for another's conduct. The Civil Code therefore cuts the action off at the donee's death, unless the complaint was already in motion.
What counts: the complaint must have been filed
The only exception the law recognizes is that the complaint was already filed at the time of the donee's death. This does not mean the case must have been decided or even served on the donee. It means a formal complaint must have been submitted to the court before the donee died. An intention to file, a demand letter, or a complaint prepared but not yet submitted does not meet this threshold. If the donor was in the process of preparing to sue but had not yet filed when the donee died, the right against the heirs is lost.
What the donor can still do
If the donee has already died and no complaint was filed in time, the donor can no longer pursue revocation based on ingratitude. The gift stands, and the donee's heirs inherit the donated property as part of the estate. The donor should consult a lawyer about whether any other legal avenue exists based on the specific facts — for instance, whether the donation itself was conditional and a separate condition was breached, or whether there are other grounds that do not depend on ingratitude. But for the ingratitude claim itself, the window has closed.