28 Jul PROOF OF TESTATOR SIMULATION AND DEADLINES
The plaintiff has the obligation to prove testator simulation. In other words, the plaintiff must prove the agreement in order to win the case. Matters that can prove the agreement, such as the fact that a person has sold out of the blue without needing money, the real estate that has been sold has been sold below its value, the sale process has been carried out close to the death of the person, if the plaintiff proves the muris agreement will be proven and the case will be won.
WHAT ARE THE LEGAL REMEDIES THAT CAN BE APPLIED AGAINST TESTATOR SIMULATION?
All heirs who have lost their rights against testator simulation can file a lawsuit and claim first of all the invalidity of the contract of sale officially concluded on the basis of simulation or the maintenance contract until death, and then the cancellation of the land registry made on the basis of it.
HOW LONG WILL THE TESTATOR SIMULATION CASE LAST?
At this point, it will be necessary to draw attention to the fact that it is very difficult and difficult to prove simulation contracts. The case Law of the Supreme Court has established a number of criteria in relation to this issue. For example, the court may reach a conclusion about whether the testator has a rightful reason for concluding the contract, examining issues such as the difference between the sale price and the actual value at the date of the contract, and whether it is a Decency. Therefore, the question of how long the case of simulation will last will be shaped according to the concrete event, and it can be said that the important point is to reflect the true will of the muris. There is no statute of limitations and no time limit for lawsuits filed due to simulation . Therefore, a lawsuit can be filed at any time after the death of the murisin.
Since testator simulation constitutes one of the corrupt registration cases and causes the loss of the rights of the heirs, the title deed cancellation and registration case can be filed for
CASES AND DECISIONS OF THE SUPREME COURT OF CASSATION THAT ARE NOT CONSIDERED TO BE TESTATOR SIMULATION
The Supreme Court has not accepted some cases as a muris case. Some of these situations are;
–If the assets subject to the agreement were sold by another third party, not by muris, that is, if the sale was made between the third party and the person with whom the testator made the agreed transaction, the real estate is not considered to be muris’s agreement, even if the money is paid by the test Dec.
-In the event that the person to whom the bequeathed money donated buys real estate with this money, the simulation claim is also not accepted.
-In the event that the testator arranges debt securities, the testator simulation case cannot be filed again, only if there are conditions, the tenkis case can be filed.
– The value of the goods subject to sale does not necessarily have to be money, in other words, this provision can also be given as a good or service. The defendant, whose real estate has been transferred to him, does not intend to smuggle goods from the transferred heirs in the title deed, since it meets the maintenance and needs of the testator. For this reason, the title deed is rejected even if the cancellation and registration case is filed.
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