An action for annulment of the title deed and re-registration is one of the types of action most frequently brought by heirs; claims based in particular on collusion by the deceased (muris muvazaası) are brought on the ground that transfers made by the deceased during their lifetime were in reality intended to keep assets out of the hands of an heir. In this article we examine the legal basis of collusion by the deceased, the conditions for proving it, and whether the action is subject to a statute of limitations (zamanaşımı).
Key Takeaways
- Collusion by the deceased became established in Turkish law through the unifying decision of the Yargıtay (the Court of Cassation) (E. 1974/1, K. 1974/2, T. 01.04.1974).
- Gifts given the appearance of a sale, made by the deceased with the aim of depriving an heir of their inheritance rights, may be annulled on the ground of collusion.
- Actions for annulment of the title deed and re-registration based on collusion by the deceased are as a rule not subject to any statute of limitations or forfeiture period (hak düşürücü süre).
- By way of exception, where the deceased died before the cadastral survey determination, the action must be brought within 10 years from the date on which that determination became final.
- In these proceedings, collusion may be proved against third parties by any kind of evidence, including witness testimony.
What Is an Action for Annulment of the Title Deed and Re-registration?
An action for annulment of the title deed and re-registration is a type of action which ensures that an entry made in the land registry wrongfully or unlawfully is annulled and the property re-registered in the name of the true rightholder. Within the inheritance provisions of the Turkish Civil Code (Türk Medeni Kanunu, Law no. 4721), the most frequently encountered ground is a collusive transfer made by the deceased with the aim of depriving an heir of their inheritance rights. KCD Hukuk’s real estate law team carries out an assessment on a file-by-file basis in disputes of this kind.
Grounds for Annulment of a Title Deed Other Than Collusion by the Deceased
An action for annulment of the title deed and re-registration is not limited to collusion by the deceased; annulment of the land registry record may also be sought on grounds such as transfers made under mistake, fraud or duress, forgery in the land registry, abuse of a power of attorney and lack of legal capacity. Although the focus of this article is collusion by the deceased, which is specific to inheritance law, similar principles of proof and procedure also apply to other claims of wrongful registration.
The Origin of the Concept of Collusion by the Deceased
Collusion by the deceased became established in Turkish law through the decision of the General Assembly for the Unification of Judgments of the Yargıtay dated 1.4.1974, no. 1974/1 E. and 1974/2 K. According to that decision, where the deceased transfers registered immovable property which they in fact wished to give away by means of a transaction which is ostensibly for consideration, such as a sale or a contract of maintenance until death, and where this is done with the aim of depriving an heir of their inheritance rights, the transaction may be annulled on the ground of collusion.
The Distinction Between the Apparent Transaction and the Concealed Transaction
In collusion by the deceased there are two transactions: the concealed transaction actually intended between the parties (generally a gift) and the apparent transaction relied on against third parties (a sale). Since the apparent transaction does not reflect the true intention of the parties, it is invalid; and if the concealed transaction does not satisfy the formal requirements, it too may be regarded as invalid, and the immovable is annulled so that it may be shared among the heirs in proportion to their inheritance shares.
What Are the Conditions for Collusion by the Deceased?
For a transfer to be assessed as falling within collusion by the deceased, it must be proved that the true aim of the deceased was to deprive an heir of their inheritance rights, that the transfer was made without consideration or for a price which does not reflect reality, and that the parties were in agreement on this point.
The Transfer Being Without Consideration or at an Undervalue
The courts accept it as an important indicator of collusion where the price of the transfer remains very low compared with the true value of the immovable, or where it was never paid at all. Whether the price was genuinely paid is assessed by examining witness statements, bank records and the financial position of the parties.
Establishing the Aim of the Deceased
The court assesses whether the deceased had the aim of favouring a particular heir over the others, or of depriving all of their heirs of the inheritance, by reference to criteria such as their age at the date of the transfer, their state of health, family relationships and whether they transferred the whole of their estate.
Is There a Statute of Limitations in an Action for Annulment of the Title Deed?
Since actions for annulment of the title deed and re-registration based on collusion by the deceased concern the substance of rights in the immovable itself, they are as a rule not subject to any statute of limitations or forfeiture period; heirs may bring such an action after the death of the deceased without any time limit.
The Exception of Death Before the Cadastral Survey Determination
The exception to the general rule is where the deceased died before the cadastral survey determination of the immovable; in that case the action must be brought within a period of 10 years from the date on which the cadastral survey determination became final. Since the right to bring the action may be lost once that period has passed, it is important for heirs to examine the land registry and cadastral records in good time.
The Relationship With Renunciation of the Inheritance or an Inheritance Already Renounced
An heir who renounces the inheritance as a rule also loses the right to bring an action for annulment of the title deed based on collusion by the deceased, because this action is a right attached to the status of heir. Whether the estate is genuinely insolvent must be assessed carefully before any decision to renounce; you can find information about the consequences of missing the renunciation period in our article on the time limit for renouncing an inheritance.
Case Strategy Where More Than One Heir or More Than One Immovable Is Involved
Where the deceased transferred more than one immovable to different people, each transfer may be assessed separately for collusion; some transfers may be genuine sales, while others are collusive gifts. For that reason, examining every transfer one by one before bringing proceedings is important for correctly identifying the immovables in respect of which an action will be brought. If the deceased leaves a surviving spouse, it may also be necessary to consider separately the liquidation of the matrimonial property regime between the spouses before any claim for annulment of the title deed; on this subject you may refer to our article on the liquidation of the matrimonial property regime and the participation claim.
Actions Brought by Heirs Living Abroad
Heirs who are Turkish citizens living abroad may also bring an action for collusion by the deceased, subject to the same rights and time limits; where such persons cannot conduct the case in person, they may pursue the process in Turkey through a representative. Certificates of inheritance obtained from foreign courts may also require a separate recognition or enforcement process in order to be recognised under Turkish law. For the particular rules faced by foreign-national heirs in land registry transactions relating to immovables acquired by inheritance, our article on the purchase of immovable property in Turkey by foreigners may be helpful.
The Burden of Proof and the Evidence That May Be Used
The burden of proving the claim of collusion by the deceased lies with the heir bringing the action; however, in these proceedings freedom of proof is interpreted broadly and any kind of evidence, including witness testimony, may be used. The reason for this is that the claimant heir was not a party to the transaction and generally cannot have any written document showing the collusion.
Witness Testimony and Research Into Comparable Values
The courts establish the values of comparable immovables at the date of the transfer through an examination by a court-appointed expert and compare these with the price paid; the testimony of persons close to the parties also plays an important role in revealing the true intention of the deceased. Land registry directorate and notary records are examined as evidence of the official declarations made at the date of the transfer.
The Good Faith of the Defendant Third Party
If the immovable has been transferred on from the party to the collusive transaction to a third party acting in good faith, that person’s acquisition may be protected under the principle of reliance on the land registry; in that case the heirs’ claim may turn into a claim for compensation. The existence of good faith is assessed according to whether the third party knew of the collusion.
Preventing Transfer of the Immovable While the Case Is Pending: Interim Injunction
Before bringing an action for annulment of the title deed, or together with it, an interim injunction (ihtiyati tedbir) may be requested from the court in order to prevent the immovable from being transferred to third parties during the proceedings; an injunction which is granted is notified to the land registry directorate and an annotation is entered on the immovable. This measure prevents the defendant from disposing of the immovable before the case is concluded.
The Conditions Required for a Request for an Injunction
In assessing a request for an interim injunction, the court examines together the likelihood that the claimant is in the right and the harm that would be difficult to make good if no injunction were granted; the request is generally granted against security. Once the injunction has been ordered, the annotation on the immovable remains in force until the case is concluded.
The Course of the Proceedings and the Calculation of Inheritance Shares
An action for annulment of the title deed and re-registration is brought before the civil court of first instance (asliye hukuk mahkemesi) of the place where the immovable is located; the claimant must ensure that all the heirs are joined to the proceedings and must attach the land registry record of the immovable whose annulment is sought to the statement of claim. At the end of the proceedings, in place of the annulled entry, the immovable is registered in the names of the heirs in proportion to their inheritance shares.
Determining the Heirs’ Share Proportions
In order to determine how the immovable is to be shared among the heirs, the status of statutory heir and the inheritance shares must first be calculated correctly. With KCD Hukuk’s inheritance share calculation tool you can quickly calculate the heirs’ statutory share proportions.
Checking the Time Limit for Bringing the Action
In order to assess whether any special situations subject to a time limit apply, such as the exception of death before the cadastral survey determination, you may use KCD Hukuk’s limitation and time limit calculation tool.
A claim of collusion by the deceased is sometimes raised together with a claim for abatement where the reserved share has been infringed; we explain the difference between the two types of action in detail in our article on the reserved share and the action for abatement.
The Difference Between Collusion by the Deceased and the Action for Abatement
Although collusion by the deceased and the action for abatement (tenkis davası) are often confused, their legal character differs: in collusion by the deceased the transaction is treated as invalid from the outset and the immovable is returned to the heirs, whereas in an action for abatement a valid disposition is reduced to the extent that it infringes the reserved share. Both claims may be raised together in one action, in the alternative. For detailed information about the conditions for an action for abatement and the calculation of the reserved share, you may review our guide to the reserved share and the action for abatement.
Which Action Should Be Brought in Which Situation?
Where it is claimed that the transfer was collusive, that is, that no sale in fact took place, an action for collusion by the deceased should be brought; where it is claimed that the transfer was a genuine gift but that it infringes the reserved share, an action for abatement should be brought. In practice the claimant may raise the two claims in the alternative in the same statement of claim, depending on the possibilities.
| Criterion | Action for Collusion by the Deceased | Action for Abatement |
|---|---|---|
| Underlying transaction | The apparent sale is invalid, the concealed gift is invalid | A valid gift or disposition upon death |
| Limitation | As a rule none | Specific periods running from learning of the death of the deceased |
| Outcome | The immovable is returned to the heirs in proportion to their inheritance shares | The disposition is reduced in proportion to the part exceeding the reserved share |
| Burden of proof | Proof of the collusion by the claimant | Proof that the reserved share has been infringed |
The Criteria the Court Assesses in a Claim of Collusion
The case law of the Yargıtay has developed a series of criteria which guide the courts in assessing a claim of collusion by the deceased; these criteria largely determine the outcome of the case.
The Social and Financial Position of the Deceased
The court investigates the age of the deceased at the date of the transfer, their state of health, their level of income and whether they had any assets other than the immovable; a transaction by a deceased person of advanced age who transferred their only immovable may strengthen the suspicion of collusion.
The Relationship Between the Transferee and the Deceased
The closeness of the transferee to the deceased, whether they lived together and whether there was a care relationship are also assessed; however, a close relationship does not on its own create a presumption of collusion and is assessed together with the other evidence.
Dispositions Made in Favour of the Other Heirs
Whether the deceased also made dispositions of similar value in favour of their other heirs is examined; if balanced dispositions were made in favour of all the heirs, proof of the claim of collusion may become more difficult. For that reason it is important in the proceedings for all movements in the assets of the deceased to be assessed as a whole.
Illustrative Example: How Does Collusion by the Deceased Work?
The following example is entirely fictitious and illustrative. Suppose that a deceased person transferred a registered flat to only one of their three children, presenting it as a “sale” at a low price, but that in fact no consideration changed hands. After the death of the deceased, the other two children may bring an action for annulment of the title deed and re-registration, arguing that this sale was in reality in the nature of a gift and was intended to deprive them of their inheritance rights; the court investigates by means of an examination by a court-appointed expert whether the transfer price matches the true value.
The Title Deed Annulment Process Step by Step
An action for annulment of the title deed and re-registration based on collusion by the deceased is conducted in a particular order; the documents and evidence gathered at each stage of the process directly affect the outcome of the case.
- Examination of the land registry and inheritance records: The land registry record of the immovable and the certificate of inheritance (veraset ilamı) are obtained, and the date of the transfer and the parties are established.
- Gathering evidence: The values of comparable immovables at the date of the transfer, bank records, the list of witnesses and any written documents are brought together.
- Preparation of the statement of claim: The grounds for the claim of collusion and the form of registration sought (in proportion to the inheritance shares) are clearly set out in the statement of claim.
- Bringing the action before the civil court of first instance: The action is brought before the court of the place where the immovable is located and all the heirs are joined to the proceedings.
- Examination by a court-appointed expert: The court investigates the value of the immovable at the date of the transfer and the financial position of the parties through an expert.
- Judgment and registration: If the collusion is established, the land registry record is annulled and the immovable is registered in the names of the heirs in proportion to their inheritance shares.
Costs of the Proceedings and Calculation of Court Fees
An action for annulment of the title deed and re-registration is subject to a proportional court fee based on the value of the immovable at the date of the action and calculated according to the tariff updated each year in the Resmî Gazete (the Official Gazette); the amounts of the fees and costs vary from file to file. You can check the current fee rates with KCD Hukuk’s court fee and costs calculation tool.
How Long Does an Action for Annulment of the Title Deed Take, and the Appeal Route
Since actions for annulment of the title deed based on collusion by the deceased require an examination by a court-appointed expert and the hearing of a large number of witnesses, they may take relatively longer than other civil proceedings; the length of the process varies according to the number of immovables, the number of heirs and the speed at which evidence is gathered. It is not possible to predict a definite period; each file must be assessed on its own particular circumstances.
Challenging the Judgment of the First Instance Court
An appeal (istinaf) against the judgment given by the civil court of first instance may be lodged with the regional court of appeal within two weeks of service of the judgment, in accordance with the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu, Law no. 6100); as a result of the appeal examination the judgment may be upheld, set aside, or upheld with corrections. Following the appeal stage, where the legal conditions are met, an appeal on points of law (temyiz) may also be brought before the Yargıtay.
For those who wish to renounce the status of heir entirely, a different route, you may look at our article on the time limit for renouncing an inheritance, and for a spouse’s claims arising from the matrimonial property regime, our article on the liquidation of the matrimonial property regime and the participation claim.
What Will the Other Side Do?
The transferee, as the other side in an action for collusion by the deceased, also has their own line of defence; being prepared for these defences determines which evidence will be gathered during the proceedings.
- “The transfer was a genuine sale, the price really was paid.” This argument is met by comparing the price said to have been paid with the values of comparable immovables at the date of the transfer, by means of an examination by a court-appointed expert, and by examining bank records.
- “I am a third party acting in good faith, I relied on the land registry.” This defence is assessed by investigating the transferee’s relationship with the deceased or with the party to the collusive transaction, and whether they knew of the collusion.
- “The aim of the deceased was only to help me, not to deprive anyone of their inheritance.” This argument is met with material such as the imbalance of the dispositions made by the deceased in favour of their other heirs and the fact that they transferred almost the whole of their estate to a single person.
- “The action is time-barred.” This is met with the unifying decision of the Yargıtay showing that actions based on collusion by the deceased are as a rule not subject to any time limit; only the exception of death before the cadastral survey determination is assessed separately.
Which defence comes to the fore varies according to the nature of the transfer and the relationship between the parties; for that reason it is important that research into comparable values and witness evidence be gathered before the action is brought. To assess in advance which defence your file is likely to meet, you may get in touch.
Frequently Asked Questions
Which heirs may bring an action for collusion by the deceased?
All statutory heirs of the deceased, including heirs with a reserved share, may bring this action; persons who have transferred their inheritance share or renounced the inheritance as a rule lose the right to bring the action.
In which court is an action for annulment of the title deed brought?
The action is brought before the civil court of first instance of the place where the immovable is located; where more than one immovable is situated in different places, the court of the relevant place has jurisdiction for each immovable.
How many years is the limitation period in an action for collusion by the deceased?
As a rule these actions are not subject to any statute of limitations; only where the deceased died before the cadastral survey determination does a period of 10 years from the date on which that determination became final apply.
If the collusive transfer was made to a third party acting in good faith, does the action come to nothing?
If the immovable has passed to a third party acting in good faith, annulment of the land registry record is generally not possible; in that case the heirs’ claim may turn into a claim for compensation.
Which documents should be gathered before bringing the action?
The land registry records, the death and inheritance certificate of the deceased (veraset ilamı), any bank records from the date of the transfer and the list of witnesses should be prepared before proceedings are brought.
Can collusion by the deceased and an action for abatement be brought together in the same statement of claim?
Yes, the claimant may raise the two claims in the alternative in the same statement of claim, depending on the possibilities; the court examines the claim of collusion first, and if that is not accepted, the claim for abatement.
Can heirs living abroad bring this action?
Yes, heirs living abroad are subject to the same rights and time limits; they may pursue the case in Turkey through a representative.
Table of Time Limits
| Period | How long | Starting point |
|---|---|---|
| Time limit for bringing the action under the exception of death before the cadastral survey determination | 10 years | From the date the cadastral survey determination became final |
| Time limit for appealing against the judgment of the first instance court | 2 weeks | From service of the judgment |
Sources
- Mevzuat Bilgi Sistemi (the Legislation Information System, mevzuat.gov.tr)
- Yargıtay Decision Search System
- Resmî Gazete (the Official Gazette, resmigazete.gov.tr)
- Mevzuat Bilgi Sistemi (the Legislation Information System, mevzuat.gov.tr)
Related Articles
- The Time Limit for Renouncing an Inheritance: Procedure and the Case of an Indebted Deceased
- How Are the Liquidation of the Matrimonial Property Regime and the Participation Claim Calculated?
- Purchase of Immovable Property by Foreigners and the Citizenship Process (2026)
- The Reserved Share and the Action for Abatement: How Is an Heir’s Right Protected?
- Delay and Penalty Clauses in Construction Contracts in Return for Flats
- The Legal Limit on Rent Increases: The Difference Between Residential and Commercial Premises in 2026
- Eviction Proceedings on the Ground of Need: Conditions and Proof
- Eviction of Tenants 2026: The 10-Year Extension, Need and the Undertaking to Vacate
This article is for general information purposes and does not take the place of legal advice. Your particular situation requires a separate assessment of your own file. This article was prepared on the basis of the legislation and case law in force as at 17.09.2026.
Av. Yahya Köse
Enforcement and Bankruptcy Law, Real Estate Law, Lease and Eviction Law, Criminal Law, Dispute Resolution, Preventive Law
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