KÜHEYLAN HUKUK
What is Muris Collusion (Evasion of Property from Inheritance)? How to File a Deed Cancellation and Registration Case? Legal remedies that the heirs can apply if the testator actually makes the sale in the title deed as a donation. Legislation and case law information has been compiled as of October 2026. Decision citations were taken from the decisions of the 1st Civil Chamber of the Supreme Court of Appeals dated 2025-2026.
Muris collusion is the transfer of the immovable property that the testator wants to donate in order to deprive an heir of the inheritance, under the guise of selling it in the title deed (or taking care of it until death). According to the Case Law Unification Decision No. 1/2 dated 01.04.1974, this transaction is invalid and the heir whose inheritance right has been damaged can file a lawsuit for title deed cancellation and registration in proportion to his inheritance share, regardless of whether he has a reserved share or not. The lawsuit is filed after the death of the testator. As a rule, there is no statute of limitations or limitation period for an annulment action based on collusion. On the other hand, the reduction request put forward in the second place is subject to 1-year and 10-year limitation periods in accordance with TMK Article 571. This difference can determine the fate of the file.
1. What is Muvazaa Muris?
Collusion is when the parties take an action that appears to be contrary to their true will in order to deceive third parties. The type that concerns the heirs is relative (mevsuf) collusion: the inheritor really wants to transfer the immovable property, but hides that the transfer is a donation and shows it as a sale in the title deed. The apparent sale is invalid because it does not comply with the real will. Since the hidden donation does not comply with the formal requirements for real estate donations (TMK art. 706, TBK art. 237, Land Registry Law art. 26), it is not valid either.
The 1st Civil Chamber of the Supreme Court of Appeals repeats this definition with the same pattern in its current decisions. Therefore, the essence of the dispute is to reveal the real purpose behind the transaction in the title deed.
2. Under what conditions is the case accepted?
In practice, the elements sought by the courts are collected under the following headings:
The transfer relates to the immovable property of the testator registered in the title deed. This lawsuit cannot be filed for a real estate purchased from a third party.
At the date of transfer, the testator intends to deprive his heir of the inheritance.
The transfer is free of charge, that is, it is actually a donation.
The plaintiff was the heir at the time of the death of the testator and his right to inheritance was damaged.
The person taking over the real estate must be the person who knows that the transfer is fictitious. The third party who acquires the immovable property in good faith is protected in accordance with TMK Article 1023.
This issue is clearly seen in the decision of the 1st Civil Chamber of the Supreme Court of Appeals dated 19.02.2026 (E.2025/1918, K.2026/1240). The defendant purchased some of the real estate from the land registry owners, not from the testator. The court determined that the collusion case within the scope of IBK No. 1/2 cannot be accepted in respect of immovable properties for which there is no owner record in the name of the testator, rejected the request for delayed criticism because the 1 and 10-year limitation periods have expired, and approved the decision upon appeal.
3. How to Prove Collusion?
It is difficult to reveal the inner will of the testator. For this reason, the Supreme Court looks at the whole of the evidence, not a single piece of evidence. Since the heirs are the third party in the allegation of collusion, proof is possible with all kinds of evidence, including witnesses.
Difference between the price shown in the title deed and the real value on the date of transfer
The relationship of the testator with the transferee and other heirs, whether he continues to use the real estate after the transfer
In the decision of the 1st Civil Chamber of the Supreme Court of Appeals dated 21.10.2025 (E.2023/6079, K.2025/4632), the rejection of the case on the grounds that the sale was real and paid and that there was no will to smuggle the goods, and the rejection of the request for delayed criticism were appealed, together with the discussion of whether the witness statements were based on eyewitnesses. This example shows that the extent to which witness accounts are based on direct information affects the outcome.
Supreme Court of Appeals 1st HD, E.2023/5184 K.2025/4304, 07.10.2025 The relative collusion nature of Muris' collusion and evaluation of the evidence as a whole Facts are considered together rather than a single witness or a single document
Supreme Court of Appeals 1st HD, E.2025/3699 K.2025/3868, 22.09.2025 Case principles and evaluation of witness statements The claim must be supported by concrete facts
Supreme Court of Appeals 1st HD, E.2024/5366 K.2025/4935, 05.11.2025 Collusion and hesitant criticism; The deceased transferred the bare property by showing sale The subject and cost of the transfer are examined in detail
Supreme Court of Appeals 1st HD, E.2023/6079 K.2025/4632, 21.10.2025 Allegation of collusion in sales made by power of attorney The authenticity of the sale and the price are important
Supreme Court of Appeals 1st HD, E.2025/3930 K.2026/2397, 30.03.2026 Updated revision of IBK principles No. 1/2 The same criteria apply to all heirs.
Supreme Court of Appeals 1st HD, E.2025/1918 K.2026/1240, 19.02.2026 Immovable property that is not registered in the name of the inheritor in the title deed; delayed reaction time A collusion lawsuit cannot be filed; Crisis periods should not be missed
1. Record review Land registry records, contract table, encumbrance and circulation information are obtained Whether the real estate has changed hands is critical in terms of good faith defense.
2. Certificate of inheritance A certificate of inheritance (certificate of inheritance) is provided. The plaintiff's status as heir is proven by documentation
3. Evidence collection Witness list, bank records, title deed document and value information are collected Records showing that the price was not paid are strong evidence.
4. Interim injunction It is requested to place a precautionary notice on the real estate. The risk of the transferee selling the real estate to a third party is thus reduced.
5. Case A lawsuit is filed in the civil court of first instance where the real estate is located, with a request for title deed cancellation and registration, and a periodic criticism request. The delayed request must be included in the petition from the beginning.
6. Discovery and expert witness The value of the real estate on the date of transfer is determined Value difference is one of the presumptions of collusion
6. Time Problem: Which Request is Subject to Time?
As a rule, a lawsuit for title deed cancellation and registration based on collusion can be filed at any time since it is based on invalidity. However, in practice, in cases based on transactions before the cadastral determination, the 10-year period defense within the scope of Article 12/3 of the Cadastral Law No. 3402 is put forward. It is seen that this issue is the subject of appeal in the file numbered E.2025/1345 K.2025/1713 of the 1st Civil Chamber of the Supreme Court of Appeals. In such files, the results must be examined separately and carefully, as they vary depending on the formation of the title deed record.
In accordance with Article 571 of the TMK, the right to request compensation is granted within 1 year after it is learned that the reserved share has been damaged, and in any case 10 years after the opening of the inheritance. The periods are taken into consideration by the court ex officio. If the fraudulent request is not put forward in sufficient time, the possibility of protection through criticism disappears, even if collusion cannot be proven.
A.K. died in 2019. His heirs are his daughter Ayşe and his son Mehmet. Three years before his death, A.K. transferred his only house and field to Mehmet by selling them. The price shown in the title deed is approximately one tenth of the current value of the real estate. Mehmet has no regular income on the date of transfer and there is no bank transaction indicating that the sales price has been paid. WHITE. He continued to live in the house after the transfer.
The coexistence of these facts is a strong presumption indicating that the transfer is not a real sale. After receiving the inheritance certificate, Ayşe can file a lawsuit requesting cancellation of the title deed, registration in proportion to her share of the inheritance, and a gradual criticism. An interim injunction must also be requested to prevent the transfer of the real estate to a third party.
Can a collusion lawsuit be filed while the testator is alive?
No. Since the title of inheritance arises upon death, the lawsuit can be filed after the death of the testator.
Can the case be won if the sale was actually made for a price?
If the sale is real and the price has been paid, there is no collusion. However, if the price is much lower than the real value, a reduction case may be brought to the agenda in terms of the difference.
What happens if the real estate is sold to a third party?
If the transferee is in bad faith, annulment of title deed may be requested. A bona fide third party is protected in accordance with TMK Article 1023; In this case, compensation or reduction methods are evaluated.
In which court is the case filed?
It is filed in the civil court of first instance where the real estate is located. Jurisdiction is absolute in real rights cases regarding real estate.
Can a sole heir file the lawsuit?
Yes. Each heir can file a lawsuit in proportion to his share of the inheritance. Registration is also enforced in proportion to the share of the plaintiff heir.
Filing a collusion lawsuit for real estate that is not registered in the title deed in the name of the inheritor.
Not writing the request for delayed criticism in the petition and missing the 1-year period
Allowing the transfer of the real estate to a third party without requesting precautionary measures
Relying only on witness statements and not collecting bank records showing that the fee has not been paid
Muris collusion cases depend on the correct collection of evidence and timely observance of the limitation periods. Küheylan Law Firm manages the process in a way that does not cause any loss of rights, from examining land records to requesting injunctions, from drafting complicated requests to discovery and expert witness stages. The first step for heirs who suspect that property has been smuggled out of the inheritance is to evaluate the land records and periods from a legal perspective.
Important Legal Notice: The information contained in this guide is for general information purposes and does not constitute a legal opinion. The outcome may vary depending on the specific circumstances of each concrete case, the nature of the documents in the file, and the legislative provisions at the relevant date. It is recommended that the process be carried out with the support of a lawyer, in order not to miss the limiting deadlines and to prevent procedural errors.
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