Who Can File a Fraudulent Conveyance Lawsuit?
It has been stated that any heir whose inheritance rights have been violated, whether they are a hidden beneficiary or not, can file a lawsuit and prove the fraud with any type of evidence. Legal heirs, appointed heirs, or adopted children can also file this lawsuit. However, persons who have renounced the inheritance, waived their inheritance rights, or been excluded from the inheritance cannot file this lawsuit.
Each heir may file this lawsuit individually. The joint ownership of the estate does not prevent this, and each heir may file a Title Deed Cancellation and Registration Lawsuit in proportion to their share without obtaining the consent of the others. However, if the heir requests the return of the immovable property to the estate rather than in proportion to their share, they must obtain the consent of the other heirs not involved in the lawsuit or continue the lawsuit with a representative.
It should be specifically noted that title cancellation and registration lawsuits filed against persons who are not heirs on grounds such as incompetence, abuse of power of attorney, fraud, etc. cannot be filed in proportion to the inheritance share; all heirs must be included in the lawsuit. However, lawsuits filed among heirs themselves may be filed in proportion to the inheritance share, as they are subject to the rules of joint ownership of the estate in this case.
The estate is subject to joint ownership based on the date of death of the decedent. It is established within the scope of the case file that there are other heirs besides the plaintiff. Except for lawsuits such as fraudulent conveyance and prevention of seizure of the estate, which constitute tortious acts arising from ownership of the estate, in lawsuits such as incompetence, abuse of power of attorney, error-fraud-gabin, etc., all heirs representing the estate must file the lawsuit together by acting jointly. Furthermore, if one of the heirs files a lawsuit for the return of the estate, the consent of all heirs must be obtained for the lawsuit; otherwise, the estate must be represented and conducted in the lawsuit by an appointed representative (Turkish Civil Code, Article 640). This is indisputable (Y1HD-K.2020/3302).
Statute of Limitations in Cases of Asset Diversion in Inheritance
A case of fraudulent conveyance by the deceased may be filed after the death of the testator. The case is not subject to any statute of limitations or any other period of forfeiture of rights.
Fraudulent conveyance by the deceased has been shaped mainly by Supreme Court decisions and doctrine. Some important Supreme Court decisions on the subject are summarized below.