What Is Inheritance Evasion?
Inheritance evasion is the transfer of an immovable registered in the land registry, which a person actually wants to donate, in order to deprive his heir of the right of inheritance, as if there is a sales contract or a contract of maintenance until death. The person to whom the title deed is transferred to abduct property may be a third person who is not an heir or another heir. The heirs to be kidnapped do not need to be specific, it is sufficient to kidnap property from any heir.
Inheritance evasion is considered as qualified collusion. Therefore, the sales contract is not taken into consideration due to collusion. The contract to be taken into consideration is the underlying donation contract, but since the donation contract is also the underlying secret contract, it will be invalid due to violation of the form, since it will not be made officially according to Article 288 paragraph 2 of the Turkish Code of Obligations.
According to the acceptance rooted in the decisions of the Court of Cassation; the donation of immovables without title deeds, which are legally considered as movable property, with a collusive contract shown in the form of sale is legally valid. Therefore, the annulment of the sale made with the transfer of possession in the sale of immovable property without title deeds cannot be requested with the muris collusion.