Mr. V., two years before his death, transfers the title deed of his most valuable property (an apartment with a Bosphorus view) to his son O.K. as a “sale” transaction. Following Mr. V.’s death, his other heirs, his daughters A.K. and B.K., obtain a certificate of inheritance.

When they investigate the inherited assets (estate determination), they realize that their father’s most valuable property is not in the estate and appears to have been sold to their brother O.K. 2 years before his death. The daughters know that their father did not need money to make this sale and that their brother O.K. did not have the financial power to buy this apartment at that time. Suspecting this situation, they consult a lawyer.

Legal Evaluation This case is a classic example of the situation referred to as “muris muvazaası” (collusion by the legator) in Turkish Law.

1. What is Muvazaa (Collusion/Sham Transaction)? There are two transactions here:

  • Apparent Transaction (Sale): The official transaction performed by the parties (father and son) to deceive third parties (other heirs). It appears as a “sale” in the title deed.

  • Hidden Transaction (Donation): The actual will of the parties. The father is actually “donating” this apartment to his son, but has hidden this donation under the veil of a “sale.”

2. Purpose of the Transaction: Violating the Reserved Portion of Heirs The purpose of the legator Mr. V. is to violate the inheritance rights of his daughters A.K. and B.K., which are legally protected under the name “reserved portion” (saklı pay), and to leave his most valuable property to a single child by smuggling assets from them. According to established Supreme Court precedents, such “donation” transactions disguised as “sales” are legally invalid because they violate the rights of other heirs.

3. How is Collusion Proven? In the lawsuit they will file, sisters A.K. and B.K. must prove that this sale was not a real sale but a fraudulent (collusive) one. The following evidence is used for proof:

  • Bank Records (Strongest Evidence): It is investigated whether the sales price was actually paid. If Brother O.K. cannot prove that he transferred money equal to the real value of the apartment to his father’s bank account, this becomes the strongest proof of collusion.

  • Financial Status of the Buyer: It is investigated whether the brother O.K. who “bought” the apartment had such purchasing power at that date (income status, SSI records).

  • Seller’s Need to Sell: It is investigated whether the father Mr. V. needed money at that date (financial status, pension, etc.).

  • Difference Between Values: If there is an exorbitant difference between the sales price shown in the title deed and the real market value of the apartment at that date (usually shown low to avoid taxes), this is also evidence.

Legal Result and Solution Methods Heirs A.K. and B.K. file a “Deed Cancellation and Registration Lawsuit Based on Muris Muvazaası” against their brother O.K. in the Civil Court of First Instance.

  • No Statute of Limitations: The most important feature of this lawsuit is that it is not subject to any statute of limitations or forfeiture period after the death of the legator. In other words, even if this fraudulent transaction was made 30 years ago, a lawsuit can be filed after death.

  • Court Decision: If the court, examining bank records, financial situations of the parties, and expert reports, is convinced that the transaction was not a real sale (the price was not paid), it accepts the case.

Probable Result: The court decides on the cancellation of the title deed registered in the name of brother O.K. As a result of this decision, that apartment returns to the inheritance estate of their father Mr. V. as if it had never been sold. Subsequently, the title deed of the apartment is registered in the names of all heirs (A.K., B.K., and O.K.) in proportion to their inheritance shares (1/3 share for each in this case).

Conclusion and Advice “Sale” transactions made by the legator in the title deed do not always mean a real sale. If it carries the purpose of smuggling assets from other heirs and a price has not been paid, cancellation of these transactions is possible. Title deed records are not “unshakeable.” In such complex lawsuits where proof is challenging, getting support from a lawyer specializing in real estate and inheritance law is the only way to protect the rights of heirs.