Title Deed Cancellation and Registration Case due to Inheritance Collusion: What is it and How to File?
In this article, we aim to provide basic information in a brief and understandable manner about deed cancellation and registration lawsuits due to inheritance collusion, which are filed in case the heirs suffer a loss of rights due to transactions made by the deceased during their lifetime, which are actually in the nature of donation but shown as sales. In practice, this lawsuit is also known as a "lawsuit for smuggling goods from inheritance" or "inheritance collusion lawsuit".
Within the framework of the collusion provisions of the Turkish Code of Obligations and Court of Cassation precedents, this lawsuit ensures that transactions that are actually donations are considered invalid and the deed is corrected. In this context, the most frequently asked questions in practice, such as what an inheritance collusion lawsuit is, under what circumstances it can be filed, who can file it, which court has jurisdiction, and how the litigation process progresses, are addressed.
What is a title deed cancellation and registration case due to inheritance collusion?
This is a performance action filed to cancel transactions made by the testator to smuggle assets from heirs, which were donations in reality but shown as sales, and to register the real estate in the name of the real right owners. With this lawsuit:
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The collusive transaction is invalid.
* The title deed record is cancelled. * The real estate is registered in the name of the heirs.
This case is based on the principle of collusion and established precedents of the Court of Cassation.
In which situations is a title deed cancellation and registration case due to
inheritance collusion filed?
This case is especially filed in the following situations:
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The testator transferring their real estate to an heir or a third person
* The transfer transaction being shown as a sale despite being a donation in reality * Depriving other heirs of their inheritance rights * The existence of intent to deceive heirs in the transaction
This lawsuit aims to ensure equity among heirs.
Who can file a title deed cancellation and registration case due to inheritance
collusion?
This lawsuit can be filed by all heirs whose inheritance rights have been violated.
Against whom is a title deed cancellation and registration case due to inheritance
collusion filed?
This lawsuit is filed against:
-
The testator transferring their real estate to an heir or a third person
* The transfer transaction being shown as a sale despite being a donation in reality * Depriving other heirs of their inheritance rights * The existence of intent to deceive heirs in the transaction
It is a performance action within the scope of contested litigation and is a constitutive action as it creates a new legal situation.
What is the competent and authorized court in this case?
The competent court is the Civil Court of General Jurisdiction. The authorized court is the court where the real estate is located.
Is there a time limit for a title deed cancellation and registration case due to
inheritance collusion?
In title deed cancellation and registration cases based on inheritance collusion, statute of limitations generally does not apply. Therefore, heirs can always assert their rights.
What should be done before filing a title deed cancellation and registration case
due to inheritance collusion?
The following issues are important before filing a lawsuit:
-
Examination of title deed records
* Investigation of the true nature of the sale transaction * Reviewing bank records and payment documents * Determination of witness evidence
In this type of lawsuit, proof is of great importance.
How does the process progress in a title deed cancellation and registration case due
to inheritance collusion?
The lawsuit process generally consists of the following stages:
- A lawsuit is filed in the Civil Court of General Jurisdiction. 1. Statements of the parties are taken. 1. Title deed records are examined. 1. Witnesses are heard. 1. Expert examination is conducted if necessary. 1. The court evaluates whether there is collusion. 1. Title deed cancellation and registration may be decided.
How long does a title deed cancellation and registration case due to inheritance collusion
take?The duration of the case varies based on the specifics of the concrete case, but results are generally achieved within 1 to 3 years in practice. Condition of evidence and trial process can extend the duration.
The information on this page is for general awareness. Legal evaluations may vary based on the specifics of each case. It is important to obtain legal support for an evaluation specific to your concrete situation regarding title deed cancellation and registration requests based on inheritance collusion.
The information on this page is for general awareness. Since title deed cancellation and registration cases require high technical knowledge and evidence management, obtaining legal support is of great importance.
FREQUENTLY ASKED QUESTIONS ABOUT CANCELLATION OF DEED AND REGISTRATION CASE DUE TO COLLUSION
The information on this page is prepared for general information purposes. Legal evaluations may vary depending on the characteristics of each case. In order to obtain an evaluation specific to your concrete case regarding deed cancellation and registration claims based on collusion, it is important to obtain legal support.