In the case of collusion of the heir, the burden of proof belongs to the plaintiff. In other words, the plaintiff must prove collusion in order to win the case. If the plaintiff proves that the issues that can prove the collusion, such as the fact that the person made a sale out of the blue without needing money, that the immovable property sold was sold below its value, and that the sale transaction was made close to the death of the person, the collusion of the heir will be proven and the lawsuit will be won.
WHAT ARE THE LEGAL REMEDIES THAT CAN BE APPLIED AGAINST THE COLLUSION OF THE HEIR?
All heirs who have lost their rights against the collusion of the heir may file a lawsuit and firstly request the invalidity of the sale or maintenance contract made officially on the basis of collusion and then the cancellation of the title deed registration made on the basis of this.
HOW LONG DOES THE LAWSUIT FOR THE COLLUSION OF THE HEIRS LAST?
At this point, it will be necessary to draw attention to the fact that proving collusion agreements is very difficult and arduous. The case law of the Court of Cassation has introduced a number of criteria regarding this issue. For example; the court will be able to reach a conclusion on whether there is collusion by examining issues such as whether the heir has a justifiable reason for making the contract, the difference between the sales price and the actual value on the date of the contract.
Therefore, the duration of the lawsuit for the collusion of the heir will be shaped according to the concrete case, and it can be said that the important point is to reflect the true will of the heir. There is no statute of limitations and prescription period in the lawsuits filed due to the collusion of the heir. Therefore, a lawsuit can be filed at any time after the death of the testator.
Since the collusion of the heir constitutes one of the cases of corrupt registration and causes loss of rights of the heirs, a deed cancellation and registration lawsuit can be filed
CASES WHERE THE SUCCESSOR’S COLLUSION IS NOT ACCEPTED AND DECISIONS OF THE COURT OF CASSATION
The Court of Cassation has not accepted some situations as the collusion of the inheritor. Some of these situations are
-If the asset subject to collusion was sold by another third party, not by the heir, that is, if the sale transaction was made between the third party and the person with whom the heir made a collusive transaction, even if the money of the immovable is paid by the heir, it is not accepted as the collusion of the heir.
-If the person to whom the heir donated money buys immovable property with this money, the claim of collusion is not accepted.
-In the event that the heir has issued a debt note, a lawsuit for the collusion of the heir cannot be filed, and only if there are conditions, a lawsuit for equalisation can be filed.
– The consideration for the property subject to sale does not necessarily have to be money, in other words, this consideration can be given as goods or services. Since the defendant, to whom the immovable property was transferred, meets the maintenance and needs of the heir, the transfer in the title deed does not aim to evade property from the heirs. Therefore, even if a deed cancellation and registration lawsuit is filed, it is rejected.
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