Even though the testator actually wants to donate an immovable property, he shows it in the title deed as a sale or a care contract until his death and carries out this transaction with the aim of stealing property from his heirs. muris collusion It is called . The existence of the allegation of "stealing property from the inheritance" does not invalidate every transfer transaction; The apparent transaction, the real will of the parties and the purpose of depriving the heirs are examined together with concrete evidence.
The basis of Muris collusion cases is the Supreme Court of Appeals Jurisprudence Unification Decision No. 1/2 dated 1 April 1974 and the general provisions regarding collusion. The lawsuit is usually filed with the request of canceling the title deed of the real estate and registering it in the name of the heirs in proportion to the inheritance share. However, the dispute must be based on the correct legal reason; Disputes arising from decedent collusion, criticism and real donation are not the same.
What is Muris Collusion?
In the collusion of the deceased, the inheritor and the person who takes over the real estate carry out a transaction that appears to be a sale to third parties; but the real will is often a donation. Since the validity of the real estate donation depends on its official establishment in the title deed, the hidden donation transaction does not meet the form requirement. If the testator's main purpose is to deprive one or more of the heirs of their inheritance rights, the heirs whose rights have been damaged may claim the invalidity of the transaction.
Not every sale at a low price is a collusion of the deceased. The testator's real need for sale, the buyer's ability to pay and actual payment, the nature of the care work, the reasonable distribution intention within the family, and the proportion of the transfer in all assets are evaluated together.
Basic Elements of Muris Collusion
Element Description Review highlights
Visible action Showing a sale or other gratuitous transaction in the title deed Official deed, sales price and transfer date
Secret transaction The real will of the parties is mostly donations Whether the price has been paid or not and party statements
Collusion agreement Agreement of the parties that the apparent transaction does not reflect the true will Flow of events, witnesses and economic data
Purpose of smuggling property from inheritance The heir's will to neutralize his inheritance right Family relations, reasonable cause, distribution of assets
Infringement The plaintiff heir's inheritance right is affected by the transaction Deed of inheritance, estate and title deed records
How to Prove Theft of Inheritance?
Since the true will of the testator is often not clearly stated in a written document, proof is made by evaluating different facts together. The following issues are particularly important in judicial practice:
Difference between the real value of the real estate on the transaction date and the sales price shown
The buyer's ability to pay and the ability to verify the payment with bank or other records
Whether the testator has a reasonable need that requires him to sell the goods
Human relations between the testator and the heirs
Whether the transfer can be considered an ordinary and balanced distribution within the total assets
Who used the real estate after the transfer and to whom the income was left
Local and family traditions and the ordinary course of events
A low sales price may be an important indication; But it alone does not prove collusion. In an individual application decision published by the Constitutional Court, it was stated that the mere low price alone was not considered sufficient and other evidence should be evaluated together. For this reason, the case should be based on a holistic evidence plan, not just the title deed price.
Who Can File Murder Collusion Case?
Heirs whose inheritance rights have been damaged due to a collusive transaction may file a lawsuit. Within the scope of the Unification of Jurisprudence Decision dated 1974, the request is not limited to heirs with reserved shares. While the plaintiff can make a request for his own inheritance share, the lawsuit and party structure must be established according to the concrete request.
The lawsuit is usually filed against the person who inherits the immovable property from the inheritor. If the immovable property is later transferred to a third party, whether the subsequent owner is in good faith and the principle of trust in the land registry is also examined. In this case, the type of case and the outcome of the request should not be determined without seeing the chain of transfer.
Difference Between Muris Collusion and Tenkis Case
Criteria Muris collusion case Tenkis case
Basic claim The apparent transaction does not reflect the true will and the hidden transaction is invalid Valid acquisition violated the heir's reserved share
Plaintiff Heir whose inheritance rights have been damaged Heir whose reserved share has been violated
Major demand Cancellation of title deed and registration in proportion to inheritance share Deducting the savings to the extent of covering the reserved share
Proof issue Real will, collusion and purpose of smuggling property Reserved share violation and gain subject to criticism
Duration approach As a rule, it is not considered subject to statute of limitations in terms of the claim of absolute invalidity. TMK art. The limitation periods set out in Article 571 apply.
Choosing the wrong case type may result in loss of rights. For example, if a donation has been made clearly in the title deed, there may be no distinction between a visible transaction and a hidden transaction; In this case, if there is a reserved share violation, retaliation provisions may come to the fore. In the case of a care until death contract, whether the care obligation has actually been fulfilled and the predominant purpose of the contract are also investigated.
Judicial and Competent Court
Court in charge of title deed cancellation and registration cases based on the collusion of the deceased is a civil court of first instance. In cases regarding the immovable property, the court where the immovable property is located has absolute jurisdiction. In case there is more than one real estate or chain of transfer, the authority and party structure must be carefully established for each real estate.
If there is a risk that the immovable property will be transferred to third parties during the lawsuit, an interim injunction may be requested on the land registry. The measure is not automatic; Procedural conditions such as approximate proof, proportionality and guarantee are evaluated by the court.
How Does the Litigation Process Progress?
Inheritance and title deed research: Inheritance certificate, current title deed records and official deeds are collected.
Examination of the transfer chain: The status of the first transferee and subsequent owners is determined.
Evidence plan: Witnesses, bank records, price investigation and concrete facts regarding family relations are prepared.
Discovery and expert witness: When necessary, the current and transaction date value of the real estate is examined.
Will evaluation: Whether the testator has a justified and reasonable reason for transfer is discussed with all the evidence.
Decision and registration: If the claim is proven, the land registry can be corrected by taking into account the plaintiff's inheritance share.
Frequently Asked Questions
Can a lawsuit for collusion be filed while the testator is alive?
Since the right to inheritance arises upon death, the claim of the heir based on the collusion of the deceased, as a rule, comes to the fore after the death of the testator. There may be different legal reasons while the testator is alive.
Does showing a sale in the title deed prevent the lawsuit?
No. The basis of the dispute is often the claim that although the title deed shows a sale, the real will is a donation. However, this claim must be proven with concrete evidence.
Can't a lawsuit be filed if many years have passed?
Since the claim of collusion is based on the invalidity of the transaction, it is not considered subject to statute of limitations or limitation period as a rule. However, subsequent transfers, good faith, procedural acquired rights and other characteristics of the concrete case may affect the outcome.
Is it mandatory for other heirs to participate in the case?
The share requested by the plaintiff, joint ownership, the need for an estate representative and the position of the parties should be evaluated together. Pre-litigation review is important as the same party structure may not be valid in every file.
Legal Review in Muris Collusion Case in Antalya
In inheritance disputes in Antalya and Manavgat, serious differences may occur between the prices of real estate on different dates due to tourism, agriculture and rapid increase in value. Therefore, it is not right to draw conclusions based solely on today's market value. The value at the date of transfer, the buyer's ability to pay, title deed transaction documents, family relations and all assets of the testator should be examined together. For detailed evaluation Antalya inheritance law service You can review .
This content is for general information purposes; Every inheritance and title dispute should be evaluated on its own evidence.
Official Sources
Turkish Civil Code No. 4721
Turkish Code of Obligations No. 6098 (art. 19)
Decision on the division of labor of the Grand General Assembly of the Supreme Court (Reference to the Decision on Unification of Jurisprudence No. 1/2 dated 01.04.1974)
Constitutional Court, decision on the evaluation of evidence in the collusion of the deceased