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Inheritance holds a significant place in Turkish culture. The strong family structure of Turkish society and its emphasis on customs and traditions make the perspective on inheritance different from that of other countries. In Turkish society, where family bonds are strong, inheritance is seen not only as a material value but also as a reflection of relationships within the family. For this reason, in the event of a possible stolen inheritance, the results can be very different. The concealment of assets can affect the balance within the family and is, therefore, a sensitive issue.
Although respect for the decedent’s preferences is prioritized, it is common for the decedent and heirs to engage in unfair practices regarding inheritance to circumvent legal regulations in certain situations. Such practices can lead to the victimization of heirs whose inheritance rights are violated. In cases where this inheritance theft occurs, it is entirely appropriate for heirs whose rights have been infringed upon to exercise their legal rights.
Fraudulent transfer of inheritance assets is a prevalent and contentious issue in the context of inheritance law in Turkey. After the death of the decedent, the rights of the remaining heirs must be protected under the law. However, land registry disputes that arise among heirs often lead to allegations of various irregularities and injustices during the inheritance distribution process.
Article 19 of the Turkish Code of Obligations:
When determining and interpreting the type and content of a contract, the true and mutual intent of the parties is considered essential, regardless of the words they used mistakenly or to conceal their true intentions.
A debtor cannot claim that the transaction is simulated in opposition to a third party who has acquired the receivable by relying on a written acknowledgment of debt.
The most definitive way to detect hidden inheritance assets is to file a “lawsuit for the determination of the estate“. This lawsuit allows for a thorough examination of all transactions involving the deceased’s estate. The court requests all transactions and records related to the estate made by the deceased and identifies any fraudulent transfer transactions. Thus, this lawsuit, filed to protect the rights of the heirs, helps uncover stolen inheritance assets and rights.
A lawsuit for the determination of the estate is especially effective when it is impossible to externally detect fraudulent transfers of assets. After the death of the deceased, all transactions, documents, and records concerning the estate are meticulously examined. The court also considers expert reports and witness statements when necessary. During this process, situations such as the deceased having transferred assets to others or concealed properties are identified, initiating a legal process.
If there is suspicion of fraudulent conveyance of inheritance assets, the most effective way for heirs to detect hidden assets in estate and expose the simulated transactions made by the deceased is to file a lawsuit for the determination of the estate.
Fraudulent conveyance of inheritance assets is an agreement between parties to create a contract that appears valid but does not have any binding effect between them, with the intention of deceiving third parties by concealing their true intentions. For example, a decedent transferring property to third parties through a sale in the land registry to conceal assets from the inheritance has performed a simulated transaction. In this case, the purpose of the sale is to conceal the act of depriving heirs of their inheritance. Therefore, the ostensible sale transaction and the hidden (oral or written) contract behind it are invalid under contract law in Turkey.
Three fundamental conditions must be met for fraudulent conveyance of assets to occur:
Concealment of assets from an inheritance, which should be considered within the scope of inheritance law, is also known as decedent simulation. The decedent is the person who has passed away, and in some cases, they may resort to such fraudulent actions to deprive their heirs of their inheritance. In such cases, heirs must seek legal remedies to protect their inheritance rights.
A decedent may transfer immovable properties through gratuitous transfers to deprive an heir of their inheritance. In this case, transactions are presented as sales contracts or contracts for maintenance until death, facilitating the transfer of immovable properties. These types of fraudulent transfers of assets transactions are legally invalid because they violate the rights of the heirs, and it is crucial for heirs to seek legal remedies against such inheritance theft actions.
Fraudulent conveyance of assets is when a person makes gratuitous transfers (gifts) with the intention of depriving an heir of their inheritance rights and disguises these transfers as sales or contracts for maintenance until death. For fraudulent transfers of assets to occur, the decedent must act with the intent to conceal assets from the inheritance. Generally, in cases of stolen inheritance situation , the parties conceal the transaction they conducted between themselves with another contract to deceive third parties. In fraudulent conveyance of assets, however, the aim is to deceive the heirs or one or more of the heirs.
Fraudulent transfer of assets requires certain conditions to be met. If these conditions are not met, concealment of assets from the inheritance cannot be claimed. First, an ostensible transaction must be conducted, but this transaction should not align with the true intent of the decedent. The decedent must aim to deprive the heirs of their rights. Additionally, the decedent must have entered into a simulated contract. Simulated contracts can also be oral, meaning the act of concealing assets from the inheritance can be performed without a written document.
Another important condition relevant to fraudulent transfer is the existence of a hidden transaction. This hidden transaction, reflecting the true intention of the parties, is another element of concealment of assets from the inheritance. Generally, donations made as hidden transactions must meet the formal requirements stipulated by law. Otherwise, the transaction is considered invalid. In cases of stolen inheritance situation, it is crucial for heirs to seek legal remedies in Turkey to protect their rights and ensure justice for inheritance theft.
Inheritance simulation involves showing gratuitous transfers, intended to deprive an heir of their inheritance rights, as sales or contracts for maintenance until death. The main purpose of these fraudulent conveyance transactions is to prevent heirs with reserved shares from filing a reduction lawsuit to claim their inheritance shares in the future. In other words, the decedent aims to prevent their heirs from filing a lawsuit by pretending to transfer assets they actually intend to gift as if they were sold. The lawsuit for recovering stolen inheritance investigates whether the four elements of simulation are present:
An apparent transaction typically appears as a sale, gift, or contract for maintenance until death in practice. These transactions are made by the decedent to conceal assets from the heirs in a way that does not reflect their true intentions and has no legal effect. For example, a decedent might transfer a house in the land registry as if it were a gift to someone, intending to prevent heirs with reserved shares from filing a lawsuit in the future.
A simulation agreement is an agreement between the decedent and a third party that the ostensible contract is only made to deceive the heirs. The parties agree that the apparent transaction, made to conceal inheritance assets, will have no effect or consequences between them. This agreement can be either oral or written.
Another element is that the transaction must be conducted with the intent to deceive the heirs. If the parties (the decedent and the third party) do not have the intent to deceive the heirs, a lawsuit for the concealment of inheritance assets cannot be filed regarding the transaction.
The hidden contract reflects the decedent’s true intent and is concealed behind the apparent transaction. For example, the decedent may wish to gift the property but hides this intention behind a sales contract to deceive the heirs. The hidden contract (the gift) is generally valid because it aligns with the actual intent of the parties. However, whether the hidden contract must comply with formal requirements is important. A hidden transaction is not subject to formal requirements for unregistered immovables and movable properties. However, since registered immovables require an official form and the hidden contract does not comply with this formality, it is considered invalid.
For fraudulent transfer of inheritance assets to be applicable, the decedent’s actual intent must be to conceal assets from the heir or heirs.
Determining the “true intent of the decedent” in fraudulent conveyance requires revealing the actual intent and will between the parties. Various factors are considered to determine this intent:
An evaluation is made by considering all these factors to determine the decedent’s true intent. Courts typically assess all the evidence to ascertain the decedent’s actual intent. However, this process can be challenging depending on the complexity of the situation and the reliability of the evidence. Accurately determining the decedent’s intent is crucial for resolving allegations of concealing inheritance assets.
Any heir whose inheritance rights have been violated can file a lawsuit for recovering stolen inheritance. This includes all heirs, whether they are reserved share holders or not. Any type of evidence can be used to prove the fraudulent transfer. The individuals who can file such a lawsuit include legal heirs, appointed heirs, and adopted children. However, individuals who have renounced the inheritance, waived their inheritance rights, or have been disinherited cannot file the lawsuit to recover stolen inheritance.
Heirs can individually file this lawsuit. The joint ownership of the estate does not prevent each heir from filing a “Land Registration Cancellation and Registration Lawsuit” based on their share without needing the consent of the other heirs. However, if the heir wishes for the property to revert to the estate, rather than just their share, they must obtain the consent of the other heirs not involved in the lawsuit or continue the lawsuit with the estate representative.
The most important consideration when filing this lawsuit is that the heir must act with the aim of protecting their inheritance rights and ensuring justice. Courts will carefully evaluate the evidence to determine the true intent of the decedent and ensure fairness.
Lawsuits for the cancellation and registration of the title deed, based on incompetence, misuse of power of attorney, or fraud against non-heirs, cannot be filed proportionate to the inheritance share. To file such land registry cancellation lawsuits, all heirs must be included in the lawsuit. However, lawsuits filed among heirs are subject to the rules of shared ownership of the estate and can be filed proportionate to the inheritance share.
The estate of the decedent, according to the date of death, is subject to joint ownership. If there are other heirs besides the plaintiff, this is established within the scope of the case file. Except for lawsuits based on wrongful acts arising from ownership against the estate, such as fraudulent conveyance and prevention of interference, in cases of incompetence, misuse of power of attorney, error-fraud-exploitation, all heirs must act together.
If one of the heirs files a lawsuit for restitution to the estate, the consent of all heirs must be obtained for the lawsuit. Otherwise, the estate must be represented and managed by an appointed representative in the lawsuit. This is indisputable according to Article 640 of the Turkish Civil Code (Y1HD-K.2020/3302).
Summary:
It appears that regardless of whether they have a reserved share, all heirs whose inheritance rights have been violated can file a lawsuit for the concealment of inheritance assets. In this case, there is no distinction made between heirs who were present at the time of the simulated transaction and those who may appear later.
What matters is that there is an heir whom the decedent intended to deceive at the time of the simulated transaction, and that the plaintiff is an heir at the time the lawsuit is filed. All heirs whose rights have been violated can file cancellation of deed lawsuit due to decedent simulation in proportion to their inheritance share or request the restitution of the property to the estate.
Individuals who have renounced the inheritance, explicitly waived their inheritance rights, or have been disinherited due to the fulfillment of legal conditions are considered to have relinquished certain rights under inheritance law. These individuals do not have the right to initiate legal proceedings, such as a cancellation of deed lawsuit.
While equality and rights among heirs are important in inheritance law, these rights can be limited under specific circumstances. Individuals who have renounced the inheritance, explicitly waived their rights, or have been disinherited cannot initiate legal actions regarding transactions that conflict with the decedent’s intent. This includes the legal consequences of disinheritance or waiver.
Heirs who do not have the right to file a land registry cancellation lawsuit lawsuit include:
These individuals do not have the right to challenge the decedent’s intent or file a lawsuit for fraudulent transfers of assets involving inheritance concealment.
Inheritance concealment lawsuits, which play a crucial role in protecting the rights of heirs under inheritance law in Turkey, are filed to uncover the true intent of the decedent and prevent inheritance thefts. In these lawsuits, heirs are responsible for proving that the decedent engaged in a fraudulent conveyance transaction, such as presenting a gift as a sale or a contract for care until death.
According to the decision of the Grand General Assembly for the Unification of Judgments of the Court of Cassation (dated April 1, 1974, numbered 1974/1-2), heirs can use any type of evidence, including witness statements, to prove their claims, as they base their lawsuits on the decedent’s true intent. For example, in a case where a decedent has entered into a contract for care until death, it must be proven that the decedent did not actually require care or that the person receiving the property did not provide the promised care.
Witness statements are crucial in revealing the decedent’s true intent, and the case law of the Court of Cassation offers significant criteria shaping this process. Factors considered include the difference between the sale price and the actual value of the property, the decedent’s financial situation, family relationships, regional customs, and psychological factors. Additionally, the purchasing power of the third party who acquired the property and whether the decedent had realistic reasons for selling the property are also important.
To prove a claim of recovering stolen inheritance, various forms of evidence can be used, including witness statements, expert reports, discovery findings, and other legal evidence. The aim of these lawsuits is to prevent the decedent from depriving their heirs of their inheritance rights through fraudulent transfers of assets and to ensure justice is served.
Cancellation of deed lawsuits, when based on the claim of recovering stolen iheritance, are not subject to any statute of limitations or peremptory period. Since fraudulent transfer transactions are legally void, they have no legal effect or consequence. This allows the claim of simulation to be brought to court at any time, and the passing of a certain period does not validate such transactions.
Therefore, a cancellation of deed lawsuit can be filed against fraudulent conveyance transactions intended to unjustly deprive heirs of their inheritance rights. There is no time restriction for filing such lawsuits in case of iheritance theft.
Land registry cancellation lawsuits due to recovering stolen inheritance fall under the jurisdiction of the Civil Court of General Jurisdiction according to the Turkish Code of Civil Procedure. Since these lawsuits concern real estate law, the authorized court is the one located in the jurisdiction where the property is situated. If there is more than one property involved, the lawsuit can be filed in the court where any one of these properties is located.
Decedent simulation-based lawsuits for the cancellation of title deeds are subject to a proportional fee system determined by the value of the lawsuit. Generally, at the beginning of the lawsuit, a proportional fee is paid based on the declared value of the property since the exact value is not known at the time of filing. As the lawsuit progresses, the court determines the actual value of the property through an expert appointed by the court, and the fee amount is updated or increased based on this value.
Recovering stolen inheritance is an important concept in inheritance law that aims to protect the rights of heirs. In such cases, fraudulent transactions carried out by the deceased to deprive their heirs of inheritance rights are at issue for inheritance theft.
In cases of inheritance theft, two types of transactions typically come to the forefront:
According to Article 19 of the Turkish Code of Obligations, contracts must be interpreted according to their true intent. Therefore, if the apparent sales or other agreements do not reflect the actual intent, registrations based on such simulated transactions are considered void, and their cancellation can be requested.
Hidden contracts such as gifts are subject to certain formal requirements. Under Article 706 of the Turkish Civil Code, specific rules must be followed for registered immovable properties. If these requirements are not met, the gift contract may be deemed invalid, and the transfer of property through inheritance concealment by gift may be considered an invalid gift transfer.
In cases of inheritance concealment through gifts, heirs may file a lawsuit for the cancellation of fraudulent transfers of assets transactions conducted by the deceased with third parties. The aim of such lawsuits is to protect the rights of the heirs and compensate for the damages caused by the fraudulent inheritance theft actions of the deceased.
If the court, as a result of the trial, determines that the sale transaction was indeed a gift or was conducted fraudulently, this means the transfer of ownership recorded in the land registry is invalid gift transfer. . Thus, the transaction carried out by the deceased to unjustly deprive their heirs of inheritance rights is considered legally nonexistent.
Upon establishing the inheritance concealment through gifts, heirs become entitled to rights over the property in question. This ruling has a retroactive effect on all legal consequences and aims to protect the heirs’ rights. This ensures justice and the preservation of inheritance law in Turkey.
Transactions that can be considered as fraudulent transfers of assets involve the concealment of the true intent of the deceased or the performance of a different transaction in form to intentionally conceal assets. These transactions include:
These types of fraudulent conveyance transactions can be brought to court with an inheritance concealment lawsuit to protect the heirs’ rights, and the invalidity of such transactions can be determined.
Transactions that are not considered as fraudulent transfers of assets are those that do not aim to deceive the heirs or conceal assets. These transactions reflect the true intentions of the parties and are valid. Some situations that are not considered as situation of stolen inheritance include:
These transactions are not considered as fraudulent conveyance transactions as long as they are carried out according to the genuine intent of the deceased and there is a clear agreement between the parties. Therefore, they do not involve an intention to conceal assets or deceive heirs.
Under Turkish Civil Code, there is no distinction between the inheritance rights of a child caring for their parents and other heirs. In fact, the Turkish Civil Code carefully regulates the issue of adjustment in inheritance matters. Article 669/1 of the Code imposes an obligation on legal heirs to adjust any gains they have received from the estate of the deceased that were obtained without compensation. These gains can manifest in various forms, such as debt relief, starting a business, or acquiring property. According to the law, any such unjust gains obtained by heirs during the life of the deceased must be returned to the estate; otherwise, the value of these gains must be reimbursed.
However, decisions by the Court of Cassation recognize some exceptional situations regarding the inheritance right of a child caring for their parents. For example, financial assistance given to heirs for the care of the deceased during their lifetime, provided it was given out of gratitude or to fulfill a moral obligation, is protected and does not need to be returned. Such contributions are considered as the heirs’ support for the care of the deceased and are legally protected. Therefore, these types of gains are evaluated as inheritance rights of the child caring for their parents and are not considered as an attempt to divert inheritance.
A “care until death” agreement is a transfer of real estate under specific conditions. In this agreement, typically an elderly or dependent individual (the care recipient) transfers ownership of their property (such as a house or land) to another person (the care provider). In return, the care provider gains ownership of the property and agrees to provide care and support to the care recipient for their lifetime.
This agreement ensures that the care recipient’s social and economic needs are met while giving the care provider the opportunity to acquire ownership of the property. Such agreements are usually formalized through notarized contracts, clarifying the rights and obligations of both parties. One of the most common questions in practice is whether a transfer of title for care can be reversed.
The initial response to whether a transfer of title for care can be reversed is that the “care until death” agreement must represent a genuine care relationship and need. A mere paper agreement made with the intent to divert inheritance from other heirs will not be deemed valid by the courts. If the courts determine that such an agreement is merely a formality, they may cancel the title deed and include the property back in the estate.
Therefore, it is crucial for the parties involved in a “care until death” agreement to have genuine and sincere intentions, for the care recipient to genuinely need care, and for the care to be provided as agreed. Otherwise, the contract may be considered legally invalid, and the title transfer for care could be reversed.
If the care conditions of the “care until death” agreement are met and the person receiving the property has truly provided and continued to provide care, then there will be no grounds for intervention such as cancellation of the title. As long as the care recipient’s real needs are met and the conditions of the agreement are followed, the validity of the contract can be maintained.
Since these cases related to inheritance law are subject to strict procedural rules, it would be beneficial to seek support from an inheritance lawyer in Turkey.
Fraudulent transfer and reduction cases can be filed together. Practically, as often seen, both types of cases can be presented in the same petition, or they can be filed separately.
As indicated in the Supreme Court decision dated 22.05.1987 and numbered 4/5, heirs who are harmed by the deceased’s transfers can file a reduction case along with, or following, a separate petition for the annulment and registration of fraudulent transfers of assets. There is no legal obstacle to filing both types of lawsuits, and plaintiffs can decide the priority of their cases.
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