Can a Title Deed Transfer Made by the Deceased Be Cancelled?

A deceased person transferring their house or land to one of their children during their lifetime may raise various legal questions for the other heirs. However, the mere fact that an immovable property was transferred to one of the heirs does not automatically mean that the title deed will be cancelled. The true nature of the transaction, the deceased's intent, and whether statutory rights were infringed are decisive.

Attorney Aylin Esra Eren stated that the legal basis underlying the title deed transfer must be accurately determined.

What is ancestor collusion (muris muvazaası)?

Ancestor collusion arises with the claim that the deceased disguised an immovable property they actually intended to donate as a sale in order to smuggle assets away from heirs. For instance, even if a sale transaction appears on the land registry, if no consideration was actually paid and the transaction was effected as a donation, a lawsuit for the cancellation and registration of the title deed based on ancestor collusion may be considered, provided other conditions are also met.

However, not every intra-family title deed transfer is collusive. Aspects such as whether an actual sale took place, whether the price was paid, and the conditions of the transaction are examined. The deceased's true intent, the conduct of the parties, their financial situations, and the evidence are evaluated collectively.

Are reserved portion infringement and title deed cancellation the same thing?

No. A claim for title deed cancellation and registration based on ancestor collusion and an action for reduction (tenkis davası) filed due to the infringement of the reserved portion are distinct legal remedies.

If it is asserted that the title deed transfer was collusive, the validity of the transaction and the genuine intent are examined. Even if the transfer is a valid donation or another disposition, if it is alleged to infringe upon the reserved portion, a claim for reduction may come onto the agenda within the framework of statutory conditions. Which remedy applies depends on the specific circumstances of the case.

Which evidence is important?

The official deed of the land registry, bank transactions, documents regarding the sale price, the economic conditions at the date the property was transferred, the relationships between the parties, and witness testimonies may be significant. No single piece of evidence is decisive on its own in every case; the legal characterisation and the evaluation of proof are conducted together.

Eren stated, “Not every transfer made by the deceased during their lifetime can be deemed unlawful. First, it must be determined whether the transaction is a sale or a donation, and which rights of the heirs have been affected. Choosing the wrong type of lawsuit may increase the risk of forfeiture of rights.”

In lawsuits for title deed cancellation and registration, elements such as the location of the immovable property, the nature of the claim, and the legal status of the parties are important in determining the competent and authorized court. In claims for reduction, statutory time limits must additionally be observed.