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Deed Cancellation and Registration Cases Due to Collusion of the Deceased

As Antalya AS Law & Consultancy Office, we offer a comprehensive guide on the cancellation of deeds and registration cases due to the collusion of the deceased, which is one of the issues that concerns our clients the most. Under the leadership of Attorney Ayşenur Kocabaş and Attorney Sena Demircan, we aim to make this complex legal process understandable and accessible for you.

The Concept of Collusion and the Collusion of the Testator

Collusion is generally the agreement of the parties to make a contract that does not comply with their true will, is apparently valid but has no effect between them, in order to deceive third parties. Collusion of the deceased is the collusion of the deceased in order to hide the property from his heirs. These transactions usually take place in the form of the transfer of real estate and can be presented as a sale or a contract of maintenance until death.

Elements of Collusion

• Incompatibility Between the Actual Intentions of the Parties: The parties must knowingly and willingly create a mismatch between their real purpose and the transaction they are making, for example, presenting a property they want to donate as a sale.
• Purpose of Deceiving Third Parties: This is usually an intention to hide property from creditors or to conceal property from heirs.
• Agreement: The parties must agree on not to engage in collusive transactions.

Types of Collusive Transactions

• Sales Transactions: The deceased transfers real estate by presenting it as a sale in the land registry in order to hide property from the heirs.
• Contracts for Maintenance Until Death: The transfer of assets by the deceased to an heir or a third person by making a contract to provide for them until death.
• Cadastral Procedures: During cadastral works, the deceased creates a land registry record in favor of one of his heirs.

Who Can File a Lawsuit for Collusion of a Deceased?

The following persons may file a lawsuit for cancellation of title deed and registration due to the collusion of the deceased:

• Legal heirs (whether or not they have a reserved share).
• Designated heirs.
• Adopted children.
• Persons who acquired the title of heir later.

Who Cannot Open: Those who rejected the inheritance, renounced the inheritance, and were excluded from the inheritance cannot file this lawsuit.

Jurisdiction and Competent Court in Collusion Case

Title deed cancellation and registration cases due to collusion are filed in the Civil Court of First Instance where the real estate is located.

Evidence and Proof in Collusion

Allegations of collusion can be proven with any type of evidence, including witnesses. Third parties are not required to prove allegations of collusion with written evidence.

Things to Consider in Deed Cancellation and Registration Cases

Cancellation and Registration Request

When filing a lawsuit, not only a request for cancellation of the title deed but also a request for registration should be made. Cancellation and registration requests should be filed together. However, if only registration is requested, this request also includes cancellation.

The Concept of Corrupt Registration

In deed cancellation and registration cases, it is claimed that the deed record has become unlawful due to illegal registration. An illegal registration is a registration that is not in accordance with the real rights status. Such registrations must be based on a valid legal reason. In other words, they are due to a cause.

Contracts for Maintenance Until Death and Collusion

Contracts for care until death are contracts involving the care of the deceased by someone else in exchange for the deceased's assets. However, these contracts can also be fictitious. In such contracts, the courts evaluate factors such as the deceased's age, physical condition, family conditions, and the amount of assets.

Sales Transactions and Collusion

In sales transactions, transfers made without consideration may be fictitious. Courts examine the value of the real estate, the economic situation of the buyer and the reason for the sale. Pretend sales may be considered as secret donations.

Cadastre and Collusion

In registrations made during the cadastre, the claim of collusion is generally not accepted. Such registrations may be subject to a reduction lawsuit.

Protection of Goodwill

Persons who acquire rights in good faith by relying on the land registry are protected. However, the good faith of persons who are aware of or should have been aware of the fictitious transaction is not protected.

Differences with Disposition Cancellation Cases

Collusion cases are of the same nature, whereas cases of cancellation of disposition are of a personal nature. In a collusion case, the ownership of the real estate is restored to its former state, whereas in a case of cancellation of disposition, the assets are returned and the debtor's receivables are collected through forced execution. There is no statute of limitations in a collusion case, whereas in a case of cancellation of disposition, there is a 5-year limitation period.

Differences with Tenkis Cases

Reduction cases are cases filed by reserved share heirs who cannot obtain their inheritance rights. The Muazz case is more comprehensive. Unless Muazz is proven, the reduction review is initiated.

Frequently Asked Questions

Question 1: What should we pay attention to when filing a lawsuit for collusion?

Reply: When filing a lawsuit for the collusion of the deceased, it should first be investigated thoroughly whether the deceased had the intention to steal property. All kinds of evidence such as land registry records, economic situations, and witness statements should be collected. In addition, it is important to try to determine the intention of the deceased and the real purpose of the transaction. In particular, elements such as health reports, family relations, and social environment for the period when the collusion transaction was made should be investigated.

Question 2: What happens to the title deed record when a fraudulent transaction is detected?

Reply: When a fraudulent transaction is detected, the land registry record is cancelled and the real estate returns to the deceased's estate. It is shared among the heirs. In addition, in these cases, the courts are expected to determine the irregular registration. Therefore, when a registration case is filed, the courts make both a cancellation and a registration decision.

Question 3: Are the death support agreements made by the testator always fictitious?

Reply: No, not every contract of care until death is a sham. Courts evaluate many factors such as the age of the deceased, his/her health condition, the relationship between the parties, and the value of the transferred property. If the contract meets a real need for care and reflects the true will of the parties, the claim of sham is rejected. However, if the sole purpose of the contract is to hide property from the heirs, the provisions of sham are followed.

Question 4: Can a claim of collusion be made in the registrations made during the cadastral procedures?

Reply: In registrations made during cadastral operations, collusion claims are generally not accepted. Since there is no secret transaction in such registrations, collusion provisions cannot be applied. Such cases may be the subject of a reduction lawsuit. However, if there is an error or misleading in the cadastral determination, there is a right to file a lawsuit in these cases.

Question 5: Is there a time limit for filing a lawsuit for fraudulent transactions?

Reply: There is no statute of limitations in collusion cases. A lawsuit can be filed at any time. However, there is a 5-year limitation period in cases of cancellation of disposition. For this reason, another advantage of collusion cases is that they are not subject to statute of limitations.

We as Antalya AS Law & Consultancy Firm

As Antalya AS Law & Consultancy Office, we aim to provide the best legal support to our clients with our expert lawyer staff in cases of inheritance collusion. Under the leadership of Attorney Ayşenur Kocabaş and Attorney Sena Demircan, we make complex legal processes easier for you and try to prevent your loss of rights.

Keywords

• Mutual Collusion
• Deed Cancellation
• Registration Case
• Inheritance Law
• Contract for Care Until Death
• Corrupt Registration
• Tenkis Case
• Case for Cancellation of Savings
• Cadastre
• Goodwill
• Collusion
• Real estate

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