Collusionis 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.
In order for the conditions of Decoupage to be realized, the following three conditions must coexist:
There must be a Decency between the real purposes of the parties and the transactions they have made, which are intentionally and willingly made,
It should be the purpose of deceiving third parties,
The parties must agree between themselves on Decoupling transactions.
Muris collusion(kidnapping property from inheritance), on the other hand, 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. The main purpose here is to prevent the heirs of the hidden share from receiving their inheritance shares by filing a criticism lawsuit in the future. In other words, the inheritor wants to prevent his heirs from filing a lawsuit in the future by pretending that he has transferred the property that he really wants to donate in exchange for the sale.
In the case of theft of property from inheritance, it is investigated whether there are four elements of collusion. These;
The apparent transaction (contract): The apparent 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. ,
Collusion agreement: It is the agreement of the third person with the inheritor that the ostensible contract is made only to deceive the heirs. The parties agree that the apparent transaction made for the purpose of stealing property from the inheritance will not have Decriminalization and consequences among themselves. This agreement can be oral as well as written. ,
The purpose of deceiving third parties (heirs): If the parties (the inheritor and the third person) 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. ,
Secret contract: It is the contract that reflects the real will of the inheritor and is hidden behind the apparent transaction. As a rule, it is valid, since the secret contract (forgiveness) is actually in accordance with the real will of the parties. It is important here whether the confidential contract is subject to the form requirement. The secret transaction does not depend on the form in real estate and movable property without title deeds. However, since the official form of the title deed is conditional on the immovables and this form is not complied with in the ‘confidential contract’, it becomes invalid.
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. The fact that the estate is in the state of participation does not prevent this, and each heir can file a Deed Cancellation and Registration Lawsuit at the rate of his own share without obtaining the consent of the others. However, if the heir here wants the immovable property to return to the estate, not in proportion to his share, he must also obtain the consent of other heirs out of the case or continue the case with a representative.
A deceased collusion lawsuit can be filed after the death of the bequestee. The case is not subject to a statute of limitations or any rights-reducing period.
By clicking here, you can access our other article examples and petition examples.