Inheritance Sharing and Inheritance Evasion - Muris Muvazaası

Muris collusion is a collusive transaction and is the agreement of the heirs to create an appearance that does not conform to their real will and does not have any effect and result between them, with the aim of deceiving third parties.

The most common situation in practice occurs when the persons who will leave an inheritance pretend to sell their assets, especially real estates, to anyone they want in the presence of the title deed officer before their death. Or the sale is made to a third party and then the other heirs are deprived of this inheritance. For example, the father or mother sells the real estate to one of the heirs, the father transfers the real estate to his child from a previous marriage, the real estate is kidnapped from the daughters and transferred to the sons.

In reality, the inheritor either does not receive any consideration for the transferred immovable property or receives very little consideration, but a sales contract is established with different prices in the title deed. The transaction may be claimed to be collusive at any time by anyone concerned. Collusion is taken into consideration by the judge ex officio. The collusive transaction is considered invalid from the beginning. The invalidity of the apparent and hidden transaction causes the registration in the title deed to be in the nature of corrupt registration. In case of muris collusion, a lawsuit for cancellation and registration of title deed based on muris collusion can be filed and the inheritance rights of the heirs can be protected. All heirs whose inheritance rights are violated, whether they have a hidden share or not, may file a lawsuit for muris collusion, claiming that the apparent sales contract is collusive and the hidden donation contract does not meet the form requirement, not as a universal successor but as a direct third party.

The excessive disproportion between the real price of the immovable property and the transfer price is a presumption of collusion. However, in order for the muris collusion to be in question, it is also necessary to prove the intention to evade the inheritance. For example, a very short period of time between the date of assignment and the date of death of the heir is a presumption of collusion. There is no statute of limitations or limitation period in collusion cases. However, a lawsuit for cancellation and registration of title deed based on muris collusion can only be filed after the death of the heir.

In actions for the cancellation and registration of title deeds filed based on the collusion of the heir (the case of collusion of the heir), the true will of the heir is investigated. According to the established case law of the Court of Cassation; the financial status of the heir and the person he inherited, the traditions of the region, (for example, the general belief that girls will not receive a share of the inheritance), whether the heir had a justifiable reason for making the contract, the difference between the sale price and the actual price and the intra-sile relations are decided.

1st Civil Chamber of the Court of Cassation E: 2013/13138 K: 2013/12593;

As it is known, the collusion, which is defined as “muris collusion” in practice and doctrine, is a relative (mevsuf qualified) type of collusion. In the aforementioned collusion, the heir really wants to make a contract and transfer the immovable property with title deed. However, in order to deprive his heir of the right of inheritance, he conceals his main purpose and transfers the immovable property that he actually wants to donate by explaining his will in the official contract made at the title deed in line with the sale or maintenance contract until death.

It is important to carry out the legal process with the help of a specialized lawyer in order to avoid loss of rights.

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