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 although it is apparently valid, it 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 the inheritance. But does not receive money 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 are violated may request the invalidity. Of the invalid transactions of the heir and the cancellation. Of the transactions based on this invalidation through the case of muris collusion.
WHAT ARE THE CONDITIONS OF THE CASE OF MURIS COLLUSION (EVASION OF PROPERTY FROM INHERITANCE)?
The following elements must be together. In order for there to be a case of the collusion of the heir:
AN APPARENT CONTRACT
In the case of collusive transactions. The apparent contracts are the contracts made. By the heir for the purpose of depriving the heirs of their inheritance rights. Which do not coincide with his real will and do not give rise to judgement and result. An official sale or a contract of maintenance. Until death is the apparent transaction in the muris collusion.
CONFIDENTIAL 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. These persons agree that the apparent transaction is not valid. And that it is only intended to deceive the heirs.
INTENT TO DECEIVE 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 he wants to evade property.
HOW TO WIN THE CASE OF MURİS COLLUSION (EVASION OF PROPERTY FROM INHERITANCE)?
You may be thinking about whether there is a winner. In the property evasion case. The preliminary 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 favour. 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 are suing based on their own rights. Not as the successor of the heir.
HOW IS THE TESTATOR’S 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 case law 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 reasons,
Some of these criteria are whether or not the sale money. Has been received from 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 a 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 allegation of muris collusion. With witnesses, experts, discovery and all kinds of legal evidence.
WHAT ARE THE CONSEQUENCES OF THE CASE OF MURIS COLLUSION (EVASION OF PROPERTY FROM INHERITANCE)?
For people whose inheritance right is violated in the way described. The executor may file a lawsuit for collusion in practice. This is the only way that heirs. Who think that the inheritance has been hijacked should follow. The case of muris collusion is a superior case that includes many different cases
In order to eliminate the loss of rights regarding. The immovables caused by the loss of inheritance, a land registry 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 registration) made on the basis of this transaction. On the grounds that the legatee has made an unfair transaction. In a way that damages 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 cancellation of the assignment transaction. Made in the title deed will be decided 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 realisation 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 abduction of property from the inheritance.
IS THERE A STATUTE OF LIMITATIONS IN A CASE OF HEIR COLLUSION (EVASION OF PROPERTY FROM INHERITANCE)?
The lawsuit for the collusion of the heir. Can be filed after the death of the heir. The lawsuit is not subject to the statute of limitations or any deprivation of rights.
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