Action for Cancellation and Registration of Title Deed Due to Muris Collusion

ACTION FOR CANCELLATION AND REGISTRATION OF TITLE DEED DUE TO MURIS COLLUSION

Introduction

One of the disputes frequently encountered in inheritance law is muris collusion, commonly known among the public as “concealment of property from heirs,” which arises after the death of the deceased. This situation occurs where the deceased, with the intention of depriving their heirs of property, transfers a real estate that they actually intended to donate by disguising it as a sale or a contract of care until death in the land registry. In such cases, the legal remedy to be pursued by the heirs is the filing of an action for cancellation and registration of the title deed due to muris collusion.

Legal Definition and Elements of Muris Collusion

Definition and Its Place in the Legal Order

Muris collusion is accepted as a type of relative collusion specific to inheritance law. This concept refers to the deceased concealing their true intention of “donation” behind an apparent “sale” or “contract of care until death.” In Turkish law, muris collusion is not expressly regulated by statute; however, it gained a legal basis through the Decision of the Grand General Assembly for the Unification of Judgments of the Court of Cassation dated 01.04.1974 and numbered 1/2. This decision eliminated legal uncertainty by granting all heirs whose inheritance rights are violated the right to file such an action.

The basis of an action for cancellation and registration of title deed due to muris collusion essentially lies in the fact that the collusive transaction does not meet the legally required conditions, constitutes an abuse of rights, and results in the usurpation of the heirs’ rights.

Elements Constituting Collusion

For a transaction to be characterized as muris collusion, four fundamental elements must coexist:

Apparent Transaction: A transaction carried out to deceive third parties and which does not reflect the true intention of the parties. This is usually a sale or a contract of care until death executed at the land registry. Due to collusion, this transaction is absolutely null and void.

Hidden Transaction: The transaction concealed behind the apparent transaction, reflecting the actual and genuine intention of the parties; in muris collusion, this is always a donation. However, since the donation of a registered immovable property is subject to an official form requirement, this hidden donation agreement is invalid due to lack of form.

Agreement of Collusion: An agreement between the deceased and the transferee that the apparent transaction will not be valid between them.

Intention to Deprive Heirs of Property (Intent to Deceive): As stated in the Unification of Judgments decision, the essential condition is that the deceased carried out the transaction with the intention of concealing property from the heirs.

Parties to the Action, Its Nature, and Scope

All heirs whose inheritance rights are violated, regardless of whether they are entitled to a reserved share, have the right to file this action. Each heir may file the action individually based on their own inheritance right. However, those who have waived their inheritance rights through an inheritance renunciation agreement, those who have rejected the inheritance, or those who have been disinherited cannot file this action. In such disputes, the defendant is the party to the collusive transaction who acquired the immovable property from the deceased. Claims of muris collusion cannot be asserted against third parties who acquired the immovable property in good faith by relying on the land registry records.

An action for cancellation and registration of title deed due to muris collusion is filed with the request to rectify an unlawful registration in the land registry. As a result of this action, the cancellation of the title deed not in the name of the deceased but in proportion to the heirs’ inheritance shares and its registration in their names is requested. According to the case law of the Court of Cassation, this action may only be filed for registered immovable properties. Transfers of movables or unregistered immovables cannot be the subject of this action.

In actions for cancellation and registration of title deed due to muris collusion, the competent and authorized court is the civil court of first instance at the location of the immovable property. Moreover, since heirs acquire ownership (a real right) upon the death of the deceased, this action may be filed at any time after death; therefore, the right to file the action is not subject to a statute of limitations.

Burden of Proof and Evaluation Criteria

Mechanisms of Proof and Freedom of Evidence

In collusion cases, the burden of proving the deceased’s intention to conceal property lies with the heirs who file the action. As the heirs are considered “third parties” to the collusive contract, they benefit from the principle of freedom of evidence. Accordingly, proof may be established by any type of evidence, including witness testimony, not limited to written evidence.

Indicators of Collusion in the Case Law of the Court of Cassation

The Court of Cassation has identified a number of “factual presumptions” and “indicators” to determine the intention to conceal property, including:

Age, Health Condition, and Need for Special Care: The age and health condition of the deceased at the time of transfer.

Gross Discrepancy Between Sale Price and Actual Value: The apparent sale price being significantly lower than the actual value of the immovable property.

Absence of Financial Need: The deceased’s lack of need for money at the time of the transaction.

Personal Relationships Between the Parties: Familial relationships between the deceased, the transferee, and the other heirs.

Proportion of the Transferred Property Within the Estate: The transferred immovable constituting a significant portion of the deceased’s total assets.

Differences Between Muris Collusion and Action for Reduction (Tenkis)

Muris collusion and actions for reduction differ in terms of their objectives, legal bases, parties, and procedures. An action for reduction is a legal remedy available where the deceased infringes upon the reserved shares of heirs entitled to such shares through unjust or fraudulent dispositions. While the purpose of an action for cancellation and registration of title deed due to muris collusion is to annul the invalid disposition and restore the immovable property to the estate (i.e., to the heirs), in an action for reduction, the heirs with reserved shares seek the return only of the portion corresponding to their reserved shares, not the annulment of the entire transaction.

As noted above, only heirs entitled to a reserved share may file an action for reduction; namely, under the Turkish Civil Code, this includes the spouse, children, grandchildren, and parents, whereas others have no right to seek reduction. Additionally, regarding limitation periods, an action for cancellation and registration due to muris collusion may be filed at any time after the death of the deceased, whereas an action for reduction must be filed within one year from the date on which the infringement of the reserved share is learned and, in any case, within ten years from the date of death.

These two actions also differ with respect to the property concerned. An action for reduction may concern both movable and immovable property, whereas an action for cancellation and registration due to muris collusion may only concern registered immovable properties.

Although there are many differences between these two actions, it is possible in practice to file them together in the alternative. This is because, in some cases, it cannot be determined prior to the collection of evidence by the court whether the deceased acted with the intent to conceal property. In such cases, all the conditions required for both actions must cumulatively exist, and the court will first examine the claim for cancellation and registration due to muris collusion; if no collusion or intent to conceal property is found, then the correction of dispositions and the protection of the reserved shares of heirs entitled thereto will be sought.

Conclusion and Evaluation

An action for cancellation and registration of title deed due to muris collusion is a vital instrument for ensuring equity in Turkish inheritance law. The success of such actions depends on the heirs’ ability to utilize the advantage of freedom of evidence and to demonstrate, together with all the characteristics of the concrete case, the factual presumptions shaped by the case law of the Court of Cassation. In practice, in order to ensure the broadest possible protection of heirs’ rights, it is a sound strategy to initially pursue cancellation and registration based on muris collusion and, in the alternative, to assert a claim for reduction to prevent potential loss of rights and to ensure procedural economy. Indeed, such actions aim to lift the veil between the apparent intention and the true intention of the deceased; achieving this objective requires a consistent narrative encompassing all details of the case and a meticulously constructed, strong, and multifaceted evidentiary framework. In this respect, actions based on muris collusion serve as a complementary safeguard protecting not only individual inheritance rights but also the fundamental balance and objective of justice in inheritance law.

Saygılarımızla,

Atabay Hukuk Bürosu