Deceased Collusion - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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Deceased Collusion

06 Jul Deceased Collusion

Posted at 15:58h in General by
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Deceased collusion in order to deprive the heiress of her right of inheritance, the real estate registered in the Land Registry, which she actually wishes to donate, is transferred to the deed as if she had a contract of sale or a contract of care until she dies. The person who transferred the deed to smuggle the property may be a third person who is not an heir, or may be another heir. It is not necessary for the heirs to be missed to be certain either, it is sufficient for them to smuggle goods from any heir.

Deceased collusion is considered a skilled muvazaa. Therefore, the sales contract is not considered due to muvazaadan. The original contract to be considered is the donation contract underlying the transaction, but since the donation contract is also the underlying secret contract, it will be invalid due to the contrary to the form since it has not been done in an official manner according to Article 288 paragraph 2 of the Turkish Code of Obligations.

According to the acceptance rooted in the decisions of the Supreme Court, it is legally valid to donate immovable properties without title, which are legally considered as movable property, with a contract showing as sales. Therefore, in the sale of immovable properties without title, the cancellation of the sale made with the transfer of possession cannot be requested with deceased collusion.

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