Succession

Collusive transfer by the decedent (muris muvazaası)

The invalidity claim raised where the deceased disguised a gift of property as a sale in order to keep assets from the heirs.

All terms

Collusive transfer by the decedent occurs where the deceased, intending to keep assets from the heirs, disguised what was really a gift of immovable property as a sale or a lifetime-care agreement. The apparent transaction is void for not reflecting the parties' true intent, and the hidden gift for lack of the required form, a result settled by a unifying decision of the high court.

Every heir, whether holding a reserved share or not, may bring a title-cancellation and registration action on this ground, effective in proportion to their share. The claim is subject to no limitation or forfeiture period, though it cannot be brought while the deceased is alive.

Proof rests on combined indications: absence of any record of payment, gross disparity between the stated price and real value, the deceased's lack of any need to sell, and local practices of favouring certain heirs. In transfers benefiting particular heirs, this action is among the most common inheritance disputes in Türkiye.

Statutory basis

  • TBK m.19

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.