WHO CAN FILE A LAWSUIT FOR THE COLLUSION OF THE HEIR?
It is stated that any heir whose right of inheritance is violated. Whether he/she has a reserved share or not, can sue and prove the collusion with all kinds of evidence. Legal heirs, appointed heirs or adopted children may also file this lawsuit.
However, this lawsuit cannot be filed by persons who rejected the inheritance, renounced the right of inheritance and were disinherited.
Each of the heirs may file this lawsuit alone. The fact that the heirship is in partnership does not prevent this. And each heir can file a Land Registry Cancellation and Registration Case in. Proportion to his/her share without obtaining the consent of the others.
However, here, if the heir wants the immovable property to be returned to the estate. Not in proportion to his/her share, he/she has to obtain the consent. Of the other heirs outside the lawsuit or continue the lawsuit with a representative.
It should be especially noted that land deed cancellation and registration lawsuits based on reasons such as incompetence, abuse of power of attorney, fraud, etc. filed against non-heirs cannot be filed in proportion to the share of inheritance, all heirs must be included in the lawsuit and the lawsuit must be filed.
However, the lawsuits to be filed among the heirs themselves may be filed in proportion to the share of inheritance, since the estate is subject to the provisions of shared ownership in this case.
According to the date of death of the heir. The estate is subject to joint ownership. It is fixed with the scope of the file that there are other heirs other than the plaintiff. Apart from the cases such as muris collusion and prevention of seizure.
Which are tortious acts arising from the ownership of the property. Against the heirship, incapacity, abuse of proxy duty, error-fraud-gabin, etc. It is undisputed that all heirs representing. The estate should act together and file the lawsuit together. And if one of the heirs files a lawsuit in the form of return to the estate, the consent. Of all heirs should be ensured in the lawsuit. Otherwise the estate will have to be represented and executed in the lawsuit. Through the representative to be appointed (T.M.K. 640 art.) (Y1HD-K.2020 /3302).
STATUTE OF LIMITATIONS IN THE CASE OF EVASION OF PROPERTY IN INHERITANCE
Muris collusion lawsuit can be filed after the death of the inheritor. The lawsuit is not subject to the statute of limitations or any deprivation of rights.
Muris collusion is mostly shaped by the decisions. Of the Court of Cassation and the doctrine. Some important decisions of the Court of Cassation on the subject are summarised below.