Collusive Transfer by the Deceased (Muris Muvazaasi)
This action is brought where a person, in order to keep property from an heir, transferred it during his lifetime as a sale when in truth it was a gift. It is the most frequently litigated inheritance dispute in Turkish law and it has its own rules of proof.
A collusive transfer by the deceased (muris muvazaasi) occurs where a person, intending to keep property from an heir, records a transfer in the land register as a sale when the property was in fact given as a gift. Under the Court of Cassation's 1974 unification decision no. 1/2, every heir may bring the action whether or not they hold a reserved share, the action is not subject to a limitation period, and it may be proved by witness evidence. The decisive question is whether the deceased's true intention was to make a gift.
Annulment and re-registration where the deceased disguised a gift as a sale to defeat an heir.
The detailed treatment of this subject, with the statutory references and the time limits, is published in Turkish. We have not machine-translated it: in a legal text an inaccurate translation creates real risk. If you would like this subject explained in English, say so when you book and we will go through it with you.
This page is general information only and does not constitute legal advice. Prepared in line with the Union of Turkish Bar Associations’ advertising restrictions. This English text is a courtesy translation; in case of any discrepancy the Turkish text prevails.