One of the situations most frequently encountered in inheritance disputes is that the deceased transferred a property to one of the heirs during their lifetime and the transfer was recorded in the title register as a sale. In reality no price was paid and the property was given as a gift. In practice this is referred to as collusive transfer by the deceased.
In such a case, the heirs whose reserved portion has been affected may bring an action for cancellation and registration of the title deed on the ground that the transfer is void. If the action succeeds, the property returns to the estate and enters the division among all heirs.
Proof is the most critical aspect of these actions. The court compares the true value of the property at the date of transfer with the sale price recorded. Whether the deceased had an economic need to make the transfer, whether the transferee had the means to pay the price, the degree of kinship between the parties and local custom are all assessed together. Witness evidence is also heard in these files.
There is no limitation period for this action; it may be brought at any time after the death. However, since the passage of time makes evidence harder to gather, it is advisable not to leave the file dormant once the situation has come to light.
The information on this website is provided for general information purposes only. It does not constitute legal advice and is not intended as advertising. Every dispute must be assessed on its own particular circumstances. The content of this site has been prepared in accordance with the Advertising Prohibition Regulation of the Union of Turkish Bar Associations.
If you would like to discuss this matter
You may request an appointment to have your matter assessed, or call the office directly.