Inheritance law is an important branch of law that ensures the fair and legal distribution of the assets accumulated by individuals during their lives to their heirs after their death. However, in some cases, the testator's attempts to smuggle property in a way that creates inequality among the heirs may lead to serious problems that undermine the justice of inheritance law. Fraudulent transactions carried out by the testator in order to protect certain heirs or to smuggle property from other heirs are called "Decedent collusion" in the legal system. In this article, we will discuss in detail what the deceased's collusion is, what elements it must contain, and how to file title deed cancellation and registration cases arising from this type of collusion. In addition, we will examine the competent courts and the plaintiffs and defendants in the hearing of these cases, and discuss their connection with criticism cases and the burden of proof. Our aim is to contribute to the protection of the rights of heirs by producing fair and equitable solutions within the framework of inheritance law.
Collusion is the situation where the real purpose of a legal transaction between the parties is different and its apparent form is misleading. In other words, the actual legal transaction that is intended to be carried out is presented as another transaction in order to deceive third parties.
What is Decedent Simulation?
Decedent collusion refers to the fraudulent transactions carried out by the testator in order to steal property from his heirs. In such transactions, the deceased person, while apparently performing a different legal action, actually tries to achieve another purpose that he wants to hide. Collusion is the situation where the actual purpose of a legal transaction between the parties is different from its apparent state. In other words, the parties appear to be carrying out a different transaction by hiding their true intentions in order to deceive third parties.
In the decedent collusion, the testator aims to ensure that one or more of his heirs receive a greater share than the other heirs or to completely deprive some of the heirs of the inheritance. Transactions carried out for this purpose generally take the form of transfer of immovable property. For example, the testator transfers a real estate that he actually wants to donate through a pretend transaction such as sale or a care contract until death. In this case, the apparent transaction (sale) is a collusive, that is, fraudulent transaction; The main intention is to donate the real estate.
The elements of decedent collusion are as follows:
1. Intent to steal property from the heirs: The testator must act with the intention of stealing property from the heirs.
2. Legal transaction carried out in appearance: A fraudulent transaction is a transaction that is made with the aim of hiding the real intention and appears in the title deed (for example, sale).
3. The actual legal transaction that is intended to be carried out: The transaction that is intended to be concealed is the transaction that reflects the true intention (for example, forgiveness).
4. Collusion agreement between the parties of a collusive transaction: The parties must agree on a collusive transaction in order to hide their true intentions.
In such transactions, the fraudulent transaction is void, and the secret transaction reflecting the true intention is also void if it does not comply with the necessary legal form requirements. For example, the donation of real estate is not considered valid unless it is made in front of the land registry officer. Therefore, collusive transactions mean that the ownership of the immovable property does not leave the estate, and in this case, a lawsuit can be filed to correct the irregular registration. This lawsuit can be filed by all heirs and can be proven with all kinds of evidence.
Decedent collusion is the most common of this type of collusion. Decedent, that is, the testator, resorts to this method in order to ensure that some of his heirs have a larger share of the inheritance than others or that some heirs are completely deprived of the inheritance. The elements required for the existence of Decedent collusion are as follows:
For example, the deceased can actually transfer the real estate he donated as a sale in the title deed or a contract to care for it until his death. Here, the intention of the deceased is to smuggle goods from his heirs, and the apparent transaction (sale) is different from the actual transaction (donation). Collusive transactions are generally void because they are contrary to the true will of the parties.
Deed Cancellation and Registration Case Resulting from Decedent Collusion
In title deed cancellation and registration cases arising from the collusion of the deceased, the real estate transfer transactions carried out by the deceased for the purpose of stealing property from his heirs are the subject of the lawsuit. Since the apparent legal transaction and the actual legal transaction intended to be performed are different, the cancellation and registration of the transfer transactions made in the land registry are requested.
First of all, it must be determined whether there is collusion of the deceased. Strong evidence is needed to support this claim. The Supreme Court has put forward some criteria for determining the collusion of the deceased:
- The need of the deceased to sell the real estate
- The sales price is lower than the current value
- Sales transactions made shortly before the death of the deceased
- Financial situation of the person purchasing the property
- Domestic relations
- Effect of social structure
- Whether the patient needs care or not
- Each event has its own unique circumstances
These criteria are evaluated according to the specific circumstances of each case.
The Court in Charge and Competent in Hearing the Case
The court in charge of the title deed cancellation and registration case arising from the collusion of the deceased is the Civil Court of First Instance, in accordance with Article 2 of the Code of Civil Procedure. This court hears cases regarding property rights, regardless of the value and amount of the subject matter.
The competent court is the court where the real estate is located. Article 12/1 of the Code of Civil Procedure states that the court where the real estate is located has absolute jurisdiction in cases regarding real rights on real estate. If a lawsuit is filed against more than one immovable property, in accordance with Article 12/3 of the Civil Code, the court where one of the immovable properties is located may also have jurisdiction over the other immovable properties.
What is the Period for Filing a Lawsuit?
The law does not stipulate a specific limitation period or statute of limitations for title deed cancellation and registration cases arising from the collusion of the deceased. Therefore, this lawsuit can be filed at any time as long as the death of the deceased has occurred. While the deceased is alive, the authority to dispose of the assets belongs entirely to him and it is not possible to file a lawsuit or prevent transactions by the future heirs during this period.
Who are the plaintiff/s?
All heirs of the deceased can file a lawsuit for title deed cancellation and registration arising from the collusion of the deceased. These heirs; Includes legal, appointed and adopted heirs. However, those who reject the inheritance, renounce the inheritance or have been disinherited cannot file this lawsuit.
Each of the heirs may request the cancellation of the existing title deed and the registration of his/her share on his/her own. In other words, there is no compulsory companionship between the heirs. The heir who files the lawsuit does not need the approval or participation of the other heirs.
However, if the plaintiff heir requests the return of the immovable property to the estate following the cancellation of the title deed, the approval of the other heirs must also be obtained. Otherwise, the case will need to continue with the representative.
Anyone who becomes an heir after the death of the deceased has the right to file this lawsuit. In other words, not only those who inherited at the time of the collusive transaction, but anyone who became an heir upon the death of the testator can file this lawsuit. Goods smuggled out of the estate cause damage to the inheritance rights of all heirs.
Who are the Defendant(s)?
The defendants in the title deed annulment and registration case arising from the collusion of the deceased are the person or persons to whom the deceased has transferred the immovable property, that is, the person or persons who appear as the owner in the title deed. If the person who took over the immovable property through a collusive transaction transfers the immovable property to a third person, the third person may also be the defendant. This is valid if the third party knowingly acquires the real estate in bad faith.
Defendants may be natural persons or legal entities. For example, a company that took over the real estate under pretense may also be a defendant in this case.
What is the connection between the Tenkis Case and the Deed Cancellation and Registration Case Based on Collusion?
Although the tenkis case and the title deed cancellation and registration case based on collusion are different types of cases, they are both related to the dispositions of the deceased regarding the estate. For this reason, in order to prevent any loss of rights, in practice they are sometimes filed consecutively and sometimes in the form of separate lawsuits.
In cases filed in a hesitant manner, first of all, title deed annulment and registration are requested, and if this is not possible, the case is requested to be considered as a criticism case and a decision to be made to reduce the part of the reserved share that has been infringed is requested. In other cases, a lawsuit for title deed cancellation and registration is filed, followed by a lawsuit for criticism. In practice, it is also possible for these cases to be combined or one to be concluded before the other.
Common Aspects Between Cases
1. Both cases are based on the deceased's dispositions regarding the estate: These lawsuits are filed against the transactions made by the deceased for the purpose of stealing property from his heirs.
2. Heirs can file a lawsuit alone: In both cases, heirs can file a lawsuit alone. There is no compulsory litigation among the other heirs and the approval of the other heirs is not required.
Differences Between Cases
1. Tenkis case can only be filed by heirs with reserved shares: While the right of reduction can only be filed by heirs with reserved shares specified in TMK Article 505, title deed cancellation and registration cases can be filed by all legal, appointed heirs and adopted children.
2. In the Tenkis case, there is real will: In the Tenkis case, the legal action carried out by the deceased is a transaction in which the real will is revealed. There is no fraudulent transaction. In the title deed cancellation and registration case, there are two different transactions carried out under collusion: fraudulent and real.
3. Filing a retaliation lawsuit is subject to a time limit: According to TMK Article 571, a retaliation lawsuit must be filed within certain periods. The lawsuit for title deed cancellation and registration is not subject to any deadline and can be filed at any time.
Who has the Burden of Proof?
The heir who files a lawsuit based on the existence of a collusive transaction is obliged to prove his claim. For this reason, the heir who is the plaintiff can resort to any kind of evidence. The heirs are third parties because they are not parties to the collusion agreement made by the testator. According to Article 203/d of the Code of Civil Procedure (HMK), it is stated that collusion claims of third parties against legal transactions and promissory notes are an exception to the obligation to prove with promissory notes. For this reason, heirs who are third parties can refer to any kind of evidence, including witnesses.
Collusive transactions carried out by the testator for the purpose of stealing property from his heirs are considered legally invalid, and the heirs are given the right to file a lawsuit for the annulment of these transactions. Murder collusion cases are of great importance in terms of protecting the right to inheritance and ensuring justice. In such cases, heirs must act consciously and in a timely manner and take the necessary legal steps to protect their rights. In these cases, which will be filed through the competent and authorized courts, it is possible to use all kinds of evidence, and care must be taken to prevent the rights of the heirs from being violated. It should not be forgotten that inheritance law has an important place in the protection of social order and justice, and ensuring equality between heirs depends on the successful conclusion of such cases. For this reason, heirs who seek rights against the collusive actions of the testator must consciously defend their legal rights and receive the necessary legal support.