WHAT IS AN INHERITANCE COLLUSION CASE?
Muvazaa is the agreement of the parties to enter into a contract that does not conform to their real will in order to deceive third parties, and which, although apparently valid, is not valid between them. For example, the heir who transfers the immovable property to third parties through sale in the title deed in order to evade inheritance, but does not receive any money in return for the sale, has made a collusive transaction. Because, the purpose of the apparent sale transaction of the parties is to conceal the evasion of the inheritance. For this reason, both the apparent sale transaction and the contract made secretly (verbally or in writing) between the parties are invalid.
In such cases, all heirs whose inheritance rights have been violated may request the invalidity of the invalid transactions of the heir and the annulment of the transactions based on this invalidity through a muris collusion lawsuit.
WHAT ARE THE CONDITIONS FOR THE CASE OF MURIS COLLUSION (EVASION OF PROPERTY FROM INHERITANCE)?
The following elements must be together for the case of the collusion of the heir to be in question:
Apparent contract
In the case of collusive transactions, the apparent contracts are the contracts made by the heir with the aim of depriving the heirs of their inheritance rights, which do not coincide with his real will and do not have any provisions and consequences. An official sale or a contract of maintenance until death is the apparent transaction in muris collusion.
Secret contract
The secret transaction in the case of Muris collusion is the donation agreement between the heir and the person to whom he donated his property, which is kept secret from the heirs. As a rule, the secret transaction is valid if it meets the necessary formal conditions. However, if the heir donates the immovable property but transfers it through sale in order to evade the heirs, the donation agreement (secret transaction) will be invalid since it does not meet the necessary formal conditions.
Collusion agreement
There is a collusion agreement between the heir and the person who is the other party to the collusive transaction. They agree that the apparent transaction is not valid, and that it was only intended to deceive the heirs.
Intent to deceive the heirs
While one party to the collusive transaction is the heir, the other party may be one of the heirs or a third party. Here, the intention of the heir must be to deceive the heirs from whom he wants to escape property.
HOW TO WIN THE CASE OF MURİS MUJAZAASI (EVASION OF PROPERTY FROM INHERITANCE)?
You may be thinking about whether anyone has won the case of property evasion. The most important issue in the case of muris collusion is proof. To the extent that you prove your claims, your case will be concluded in your favor. According to the Decision of the Supreme Court of Appeals Unification Board of Jurisprudence, the heirs in muris collusion cases will be able to prove their claims with all kinds of evidence, including witnesses, since they file a lawsuit based on their own rights, not as the successor of the heir.
Accordingly, matters that do not specifically specify the means of proof may be proved by any evidence in accordance with the law. Since the means of proof of the muris collusion, which is specifically indicated for the case of inheritance theft, is not in question, the heirs may use any means of proof here. The first thing to be proved here is that the heir has assigned the immovable property that he actually wanted to donate in order to deprive the plaintiff heir of the right of inheritance by pretending to be a sale. In the contracts of care until death, it must first be proved that the heir does not need care, that the assignee does not take care of the heir, and that the main purpose is to evade property.
HOW IS MURİS COLLUSION DETECTED?
Witness evidence is of great importance in investigating the true will of the heir, and there are also a number of criteria shaped by the jurisprudence of the Court of Cassation:
The difference between the sale price and the real value of the immovable property,
The economic situation of the deceased and the inheritor,
Family relationships,
Traditions of the region,
Psychological causes,
Some of these criteria include whether or not the sale money has come out of the estate.
In such cases, it is necessary to prove that the assignment was made for the purpose of evading property from the heirs, that the main purpose was donation, that the heir did not need to sell his property, that the third party to whom the immovable was transferred (the defendant in the case of muris collusion) did not have the purchasing power of the immovable, and that the heir did not have reasonable reasons to sell the immovable. It is possible to prove the claim of collusion by witnesses, experts, discovery and all kinds of legal evidence.
WHAT ARE THE CONSEQUENCES OF THE CASE OF MURIS COLLUSION (EVASION OF INHERITANCE)?
For people whose inheritance rights are violated as described above, the executor may file a lawsuit for collusion in practice. This is the only way for heirs who think that the inheritance has been hijacked. The case of muris collusion is a superior case that includes many different cases
In order to eliminate the loss of rights regarding the immovable properties caused by the loss of inheritance, a deed cancellation and registration lawsuit must be filed. In the case of the legacy (muris) collusion, the heirs may request the determination of the invalidity of the collusive transaction and the cancellation of the corrupt registration (created title deed record) made on the basis of this transaction on the grounds that the legatee has made an unfair transaction in a way to damage their rights by agreeing with third parties.
If it is determined as a result of the trial that the sale transaction made by the heir is collusive, the transfer transaction made in the title deed will be canceled and this decision will have retroactive effect. Therefore, the legal heirs will have rights on the inherited immovable property as if the sale transaction in question never happened.
As seen, the case of Muris collusion is a comprehensive case. It requires the preparation and submission of certain important means of proof to the court, as well as the realization of certain transactions in the land registry. It aims to protect an important right such as the right of ownership.
In this context, it will be in the best interest of the person to request the legal assistance of an experienced inheritance lawyer in disputes related to the evasion of property from inheritance.
IS THERE A STATUTE OF LIMITATIONS IN A LAWSUIT FOR THE CASE OF THE COLLUSION OF THE HEIR (EVASION OF PROPERTY FROM INHERITANCE)?
The lawsuit for the case of muris collusion can be filed after the death of the inheritor. The lawsuit is not subject to a statute of limitations or any deprivation of rights.
