Collusion is when the parties agree to conclude a contract between themselves that does not correspond to their true will, although it is ostensibly valid, but does not express Decency, in order to Decoy third parties. The case of theft of property from inheritance (muris agreement) is an important inheritance law case that also includes many different types of cases such as cancellation and registration of title deeds.
In order for the conditions of Decoupage to be realized, the following three conditions must coexist;
– There must be a Decisively and intentionally made mismatch between the real purposes of the parties and the transactions they have made,
– There must be a purpose of deceiving third parties,
– The parties must agree between themselves on Decoupling transactions.
Muris muazaa (theft of property from inheritance) is when a person shows the gratuitous gains made by his heir in order to deprive him of the right to inherit, such as a sale or a contract to take care of him until he dies.
Elements of Muris Collusion;
a. Ostensible Contract: The ostensible transaction appears in practice as a contract of sale, forgiveness or care until death. These transactions are transactions that are made in a way that is not in accordance with the real wills of the inheritor in order to seize the property from the heirs, in fact, in a way that does not lead to judgment and consequences.
b. Agreement Agreement: It is a contract in which the inheritor and the counterparty agree that the apparent transaction is made to deceive third parties, and in reality it will not have consequences and consequences. There is no requirement to be written. They can be done at the same time, as they can be done before the apparent contract.
c. The Purpose of Deceiving the Heirs: Another element of the Muris collusion is the transaction made, that is, the sale that the parties apparently made, etc. contracts are made for the purpose of deceiving the heirs. If the parties do not have the purpose of deceiving the heirs, a lawsuit for theft of property from the inheritance related to the transaction cannot be filed.
d. Secret Contract: It is the contract that reflects the real will of the inheritor and is hidden behind the apparent transaction.
Who Can File a Muris Collusion Lawsuit?
He stated that every heir whose inheritance right is violated, whether he owns a reserved share or not, can sue for it and prove the agreement with all kinds of evidence. This case can also be filed by legal heirs, designated heirs or adoptees. However, this case cannot be filed by persons who refuse the inheritance, renounce the right to inheritance and are excluded from the inheritance. Each of the heirs can open this case alone.
Incompetence filed against persons who are not heirs, abuse of power of attorney, cheating, etc. land registry cancellation and registration cases based on reasons cannot be opened at the rate of inheritance share, all heirs must be included in the case and the case must be opened.
Statute of Limitations Period in Inheritance Property Theft Case
a lawsuit for the agreement of the person who left the inheritance can be filed after the death of the person who left the inheritance. The case is not subject to a statute of limitations or any rights-reducing period.
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