asset hiding from inheritance, also known as fraudulent transfer of property to an heir to disinherit other heirs, it is the transfer of a property by the deceased (testator) by showing it as a sale on the title deed while it was actually a gift, with the intent of defrauding the heirs of their inheritance. Although this transaction appears valid, it is actually collusive and can be annulled.
Particularly in Turkey, a significant portion of domestic family disputes consist of lawsuits regarding the deprivation of inheritance rights through property transfer. In many families, while the father is still alive, he transfers his immovable property to only one of his children; in this case, the other heirs suffer a loss of rights. By filing this lawsuit, heirs can request the cancellation of the title deed and the registration of the immovable property according to their shares of the inheritance.
Article 1023 of the Turkish Civil Code, regulates the principle of reliance on the land registry and protects bona fide third parties. However, this protection disappears in fraudulent transactions.
What are the Elements of Collusion by a Testator (Muris Muvazaası)?
According to Court of Cassation precedents, there are three elements for the existence of an inheritance fraud:
- Apparent transaction (such as making it appear as though a sales contract has been made)
- Actual intention (donation of immovable property)
- Intent to defraud heirs of property
Example:
Before his death, a father transfers the house to his youngest son. It is shown as a sale on the title deed, but in reality no payment is received. This situation is a typical case of depriving legal heirs of their inheritance.
Examples from the App
Common examples in lawsuits regarding the collusive transfer of property by a predecessor to bypass inheritance rules are:
- Concealment of assets while father is alive: The transfer of immovable property by a father to only one male child results in the victimisation of the other heirs.
- Transfer of immovable property during old age or illness: Transactions made by a deceased person with Alzheimer's or dementia frequently for the land registry rectification case or becomes the subject of a request for the annulment of the will.
- Fictitious sale recording: A gratuitous transfer appearing as a sale on the title deed.
- Transfer procedures carried out in favour of a grandchild: A mother or father can deprive their children of their inheritance by gifting immovable property to a grandchild.
Such situations give rise to important consequences in terms of fraudulent transfer of inheritance to the detriment of heirs and lawsuits for the reduction of dispositions.
Precedent Judgements from the Court of Cassation
Court of Cassation 1st Civil Chamber, 2016/16898 E., 2019/1733 K.:
“If it is established that the sale was in fact a gift and was intended to deprive the heirs of their inheritance, the transaction shall be deemed to have been entered into in bad faith, and a decision shall be made to cancel the title deed and re-register the property.”
Court of Cassation 1st Civil Chamber, 2018/7429 E., 2019/5126 K.:
“It has been established through witness testimonies that the transfer made by showing it as a sale on the title deed with the intention of preventing the claimant from receiving a share of the testator's estate is collusive and that the consideration was not paid, and it has been decided to accept the claim.”
Who can file a case for evasion of inheritance (murisi muvazaası)?
The right to file a lawsuit belongs to the statutory heirs. Heirs with or without a reserved portion may file this lawsuit. In particular, even if the estate has been distributed, the allegation of asset concealment from the inheritance through donation remains valid.
Time Limit for Filing a Lawsuit and Limitation Period
There is no limitation period for claims based on fraudulent conveyance. However, failing to bring a claim for a prolonged period may result in the loss of rights if the immovable property is transferred to third parties acting in good faith. For this reason, it is important to apply for an interim injunction when bringing a claim.
Although there is no time limit regarding the statute of limitations for asset smuggling from an inheritance, a reasonable period is envisaged for filing the lawsuit.
Burden of Proof in the Lawsuit for Collusion of the Deceased
The claimant heir;
- that the sale is actually a donation,
- That the fee has not been paid,
- the purpose of evading heirs of their inheritance,
proves through witness testimonies, title deed records, written documents and factual presumptions (for instance, the property never being used by the defendant).
How to File a Case for Annulment of Title Deed Based on Fraudulent Transfer of Inheritance (Muris Muvazaası)
Competent Court: Court of First Instance
Jurisdiction: The court of the location of the immovable property
Subject of the Case: Deed cancellation and registration
Evidence: Witness testimonies, title deed records, expert examination
Frequently Asked Questions (FAQ)
When my father was alive, he transferred the house to my sibling; can I file a lawsuit?
Yes. Legal heirs can file a lawsuit for asset concealment from inheritance.
When my mother was ill she transferred the title deed, is this valid?
No. Illness and old age are important factors that strengthen the claim of collusion.
If the transfer of title has been made to a third party, can a lawsuit be filed?
Yes. However, you need to prove that the transferee is not acting in good faith.
Is there a penalty for defrauding a sibling of property?
Muris muvazaası (fraud on heirs) is essentially a legal dispute and carries no criminal sanction. However, if bad faith can be proven, a claim for damages may also be filed.
Can I claim only compensation without filing a title deed cancellation lawsuit?
Yes. However, in most cases, the return of the immovable property produces a more protective result.
Can an annulment of a will and a lawsuit for collusion of the heir (muris muvazaası) be filed together?
Yes. In fact, in some cases, a lawsuit for the annulment of a will and an action for reduction can be brought in the same case file.
Practical Tips
- Before filing a lawsuit, identify your witnesses and prepare your evidence.
- Apply for an interim injunction.
- State the claim of collusive transaction designed to disinherit an heir (muris muvazaası) clearly in the statement of claim.
- Take care not to strain family relationships through legal means wherever possible.
Result
Fraudulent transfer of property to disinherit an heir is an issue that deeply affects family dynamics and can lead to prolonged lawsuits. What appears to be an ordinary title deed transfer can in reality result in the usurpation of your inheritance right. Therefore, when resorting to legal remedies such as fraudulent transfer to disinherit, fraudulent transfer of property through donation, annulment of a will, and reduction of excessive disposition (tenkis) from a specialist lawyer in the field of inheritance law Seeking support is the most appropriate approach.
