KÜHEYLAN HUKUK
Deed Cancellation and Registration Case Due to Muris Collusion, Inheritance of Property in the Light of the Supreme Court's Jurisprudence Unification Decision dated April 1, 1974, Proof Criteria and Its Relation to the Tenkis Case (2026) Updated as of 2026
When the testator presents a real estate as a sale in the title deed, but actually donates it, in order to deprive some of his heirs of the inheritance, it is called "muris collusion" in the practice of the Supreme Court. This transaction is invalid and the heir whose property was stolen may request the registration of the immovable property in his name in proportion to his inheritance share by filing a title deed cancellation and registration lawsuit after the death of the testator. The case is not subject to any statute of limitations or limitation period. There is no requirement to be an heir with a reserved share. The outcome of the case depends on proving that the real will is a donation.
Collusion is the agreement of the parties to create an appearance that does not correspond to their true will in order to deceive third parties. In the Muris collusion, the apparent transaction is the sale made in the title deed; The real aim of the parties is forgiveness. TBK m. Pursuant to Article 19, the apparent sale is invalid because it does not reflect the true will of the parties. Secret donation cannot be valid because it is not made in the official manner required for real estate donations.
The decision of the Grand General Assembly of the Supreme Court of Appeals for Unification of Jurisprudence, dated 01.04.1974 and numbered 1974/1 E., 1974/2 K., accepted that the heirs could file a lawsuit against such transactions due to collusion. The decision forms the basis of practice for more than half a century, and the development of the issue has been largely shaped by the Supreme Court's jurisprudence.
In order for the case to be accepted, the testator must have intended to steal property from his heirs when transferring the immovable property. If the testator sold the immovable property because he really needed the money or if the transfer was based on a real act such as maintenance, there is no collusion. Likewise, the decedent's making a reasonable income for a child who has taken care of him for years, out of gratitude, has not been seen as "evasion of property" in some decisions of the Supreme Court.
2.2. Who can file a lawsuit?
The legal heirs of the testator may file a lawsuit. The plaintiff does not have to be a reserved heir; If siblings are also heirs, they can file a lawsuit. Each of the heirs can file a lawsuit in proportion to his share of the inheritance without waiting for the participation of the other heirs. The lawsuit cannot be filed while the deceased is still alive; The right to sue arises with death.
The title deed annulment and registration case based on the collusion of the deceased is not subject to any statute of limitations or limitation period. A lawsuit can be filed even twenty years after the death of the testator. However, prolonged inactivity can lead to the loss of witnesses and documents, making proof difficult.
The heir who alleges collusion is not a party to the contract, but a third party who is intended to be deceived. Therefore, proof can be made with any kind of evidence, including witnesses. The following criteria are evaluated together in the Supreme Court decisions:
Real value with sales price The price shown or claimed in the title deed is far below the real value of the real estate.
Buyer's ability to pay The buyer does not have the income or savings to pay this price on the date of sale.
The testator's need for sale The testator does not have any needs such as debt, treatment or investment that require money; money not transferred to account
domestic relations Resentment with other heirs, discrimination between children born from second marriage, obvious closeness to a particular child
Timing and scope of transfer In the period close to death, the transfer of all or almost all of the deceased's real estate to a single heir
actual use The decedent continues to use the real estate and receive its rent after the transfer.
None of these criteria alone is decisive. The court decides on the whole case, local customs and traditions, and the natural flow of human relations. Bank records, title deed fee statements, health reports of the deceased and family correspondence are frequently used evidence.
The case is filed in the Civil Court of First Instance, where the real estate is located; This authority is absolute. Title deed cancellation and registration cases are not within the scope of compulsory mediation. The value of the case is the real estate value that falls to the plaintiff's inheritance share, and the fee is calculated on a relative basis based on this value. The certificate of inheritance must be submitted in the petition and the value of the case must be determined realistically; The court also determines the value through discovery and expert examination.
Requesting an injunction to prevent the immovable property from being transferred to a third party during the lawsuit is a step that is frequently taken in practice and directly affects the outcome.
If the person who acquired the real estate through a collusive transaction sold the real estate to a bona fide third party, TMK art. In accordance with Article 1023, the acquisition of this person who trusts the land registry is protected. In this case, the heir cannot take back the real estate; However, it may demand compensation from the person who is a party to the collusive transaction in proportion to the value of the real estate. If it is proven that the third party knew or should have known about the collusion, the cancellation and registration request can also be made against him.
Muris collusion and criticism cases are often confused with each other. The reduction case ensures that the gains made by the testator that are valid but violate the reserved share are deducted. In practice, the request for title deed cancellation and registration is made as a main request, and the request for reduction is made simultaneously; If collusion cannot be proven, the heir with a reserved share can be protected through criticism.
Rest Invalidity of visible transaction TMK m. 560 ff., protection of reserved interest.
Duration No time limit One year from learning, in any case ten years from death (TMK article 571)
Conclusion Title deed cancellation and registration in proportion to the inheritance share Deduction of the portion exceeding the reserved share
The testator, who was married for the second time, transferred two flats to his son from his second wife by selling them two years before his death. The price was shown low in the title deed, and the son, who was 22 years old at the time of transfer, did not have a regular income. The testator continued to receive the rent of the flats after the transfer. It is known that the two daughters from the first marriage have not met with their father for a long time.
When the buyer's lack of ability to pay, the price being well below the real value, the rental income continuing to be received by the testator, and the resentment within the family are evaluated together, it can be concluded that the transaction is actually a donation and aims to smuggle property from the daughters. Daughters can file a title deed cancellation and registration lawsuit for two flats in proportion to their inheritance shares; The fact that they also request gradual criticism provides a guarantee against difficulty of proof.
Can I cancel this transfer while my father is alive?
No. Muris muvazaası davası ancak mirasbırakanın ölümünden sonra açılabilir. Mirasbırakan sağken mirasçıların bu işleme karşı dava hakkı bulunmaz.
If the transfer was made as a donation in the title deed, can this lawsuit be filed?
If the transfer is clearly made as a donation, there is no hidden transaction; Instead of claiming collusion, heirs with reserved shares may file a lawsuit for criticism.
How can my brother who bought the property prove that he paid the price?
It is expected to provide documents such as bank transfer, loan usage, and savings on the date of sale. The claim that a cash payment was made is generally not credible unless supported by documents showing ability to pay.
If I win the case, will the entire property go to me?
No. Registration is done in proportion to the plaintiff's inheritance share. If the other heirs have not filed a lawsuit, their share continues to remain with the person who took over the real estate.
To open the case as a sole criticism and not to use the cancellation and registration opportunity granted to all heirs.
Giving the opportunity to sell the real estate to a third party during the lawsuit by not requesting precautionary measures.
Basing the evidence only on witness statements and not bringing bank and title deed records.
Underestimating the value of the case and subsequently losing time and completing the fees.
Insisting on allegations of collusion in transfers clearly made as donations.
Muris collusion case is one of the most effective legal tools to ensure justice in inheritance; The absence of a time limit gives heirs a wide range of action. However, the outcome of the case depends on the family history, financial records and real estate values being revealed as a whole.
Küheylan Law Firm offers strong legal representation in inheritance disputes by ensuring the systematic collection of evidence in favor of the heirs, the timely submission of injunction requests, and the correct grading of title deed cancellation and reduction requests.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Legislation and Supreme Court practice may change over time; The unique circumstances of each dispute require a separate legal assessment. Küheylan Law Firm cannot be held responsible for the consequences that may arise from transactions based on this text.
KÜHEYLAN HUKUK