What happens if an inheritee smuggles property to one of their children?
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
Att. Gizem Gonce
Under what conditions might an inheritee's transfer of their immovable property to one of their heirs disguised as a sale constitute inheritee collusion (muris muvazaası)? Can the other heirs file a lawsuit?
Transfers of immovable property made by an inheritee during their lifetime can lead to disputes among heirs after their death. In particular, transactions alleged to have been disguised as a sale although in reality of the nature of a donation may be brought to court on the claim of inheritee collusion.
Attorney Gizem Gonce explained the points that should be taken into account in lawsuits based on inheritee collusion.
What is inheritee collusion (muris muvazaası)?
Attorney Gizem Gonce stated that inheritee collusion generally comes onto the agenda with the claim that there is a collusive discrepancy between the true will of the inheritee and the transaction shown in the land registry. For example, it may be alleged that the transaction was shown as a sale although a donation was in reality made.
However, the mere fact that an immovable property was transferred to one of the heirs does not by itself show that collusion exists. The true nature of the transaction, the intention of the parties, and the circumstances of the case are examined together.
Can the other heirs file a lawsuit for title deed cancellation?
Depending on the circumstances of the concrete case, heirs whose inheritance rights have been impaired may request the cancellation and registration of the title deed. The lawsuit is evaluated within the framework of records concerning the transfer of the immovable property, payment documents, the economic conditions of the parties, and other evidence.
Are inheritee collusion and an action for reduction (tenkis davası) the same?
No. The claim of inheritee collusion and the request for reduction based on the infringement of the reserved portion rest on different legal grounds. In each case, which legal ground will be relied upon and which claims may be asserted must be examined separately.
Attorney Gizem Gonce emphasized that the passage of a long time since the transfer of the immovable property does not by itself mean that the dispute cannot be resolved, but that the legal rules and evidence to be applied in the concrete case must be evaluated carefully.
Update of 25 October 2026 — Further questions and explanations
CAN PARENTS LEAVE A HOUSE TO ONLY ONE CHILD?
Attorney Gizem Gonce explains: How are the rights of other heirs protected in intra-family transfers of immovable property?
Transfers of immovable property carried out within the family can cause serious disputes, particularly during the distribution of inheritance. A mother or father transferring their house to only one of their children raises the question of what rights the other children possess.
Can a mother or father transfer their house to whichever child they wish while alive?
Attorney Gizem Gonce:
As a rule, a person may dispose of their assets within the limits permitted by law. In this context, they may sell their immovable property or, provided the necessary conditions are met, donate it.
However, the true legal nature of the transaction performed is important. A transaction ostensibly structured as a sale may in reality be in the nature of a donation. If it is asserted that there was an intention to deprive heirs of assets, an allegation of a simulated transfer by the deceased (muris muvazaası) may come to the fore depending on the characteristics of the case.
Can the other siblings object to the transfer made?
In certain circumstances, objection or litigation avenues may come to the fore. However, not every transfer of immovable property is automatically invalid.
The nature of the transaction, the true intention of the parties, the documents used, and the circumstances of the concrete case must be evaluated. Furthermore, which legal avenue the heirs can resort to and within which time limits this can be done are important.
In intra-family transfers of immovable property, the true nature of the transaction may play a critical role in determining the rights of the heirs.