What Is Muris Muvazaası? Cancelling a Title Deed Transferred to Cheat Heirs in Turkey

1. What does muris muvazaası mean?

• Muvazaa (sham transaction): The parties pretend to make a transaction they do not really want, in order to mislead others. Under Turkish law, the type of a contract is determined by the parties' true and common intent, not by the words used to hide their real purpose (Turkish Code of Obligations art. 19 [1]).
• Muris muvazaası: A special kind of sham transaction made by a person to deceive his or her own heirs. Typical case: a father wants to give his flat to one son but declares at the land registry "I sold it and received the price."

Legally, there are two transactions:

With both transactions invalid, the registration becomes an unlawful registration (yolsuz tescil), i.e., under the Civil Code, a registration based on a non-binding legal transaction or lacking a legal ground. A person whose real right is harmed by it may sue for correction of the register (Civil Code arts. 1024 and 1025 [2]).

2. The legal basis: the 1974 unification decision

There is no separate statutory article on muris muvazaası. The rule comes from the Yargıtay Grand General Assembly on the Unification of Case-Law, decision of 1.4.1974, 1974/1 E., 1974/2 K. Unification decisions bind the Yargıtay's general assemblies, its chambers and the courts of justice (Law no. 2797 on the Court of Cassation, art. 45 [3]). According to that decision:

• if a person, to deprive an heir of inheritance rights, presented a registered property he or she really wanted to give away as a sale before the land registry officer,
• all heirs whose inheritance rights are infringed, whether or not they have a reserved share, may sue, claiming that the apparent sale is a sham and the hidden gift is invalid for lack of form,
• and this right is separate from the reduction and collation rights that apply to valid transactions.

A request to change this decision was rejected by the same Assembly on 16.3.1990 (1989/1 E., 1990/2 K.), and the Yargıtay's own 2024 allocation-of-work decision still assigns title cancellation cases based on muris muvazaası, citing the 1974 decision, to its 1st Civil Chamber (Yargıtay [4]). The 1974 decision therefore still applies.

A reserved share (saklı pay) is the part of the inheritance the law protects for certain close relatives even against the deceased's wishes; for descendants it is half of their statutory share (Civil Code art. 506 [2]). A reserved share is not required for this action: for example, siblings who are statutory heirs but have no reserved share may also sue.

3. What are the conditions?

1. A property registered in the deceased's name was transferred. Land, flats and shares in them.
2. The transfer was presented at the land registry as a sale (or another non-gift transaction). In practice, the most common apparent transaction is a sale; transfers made as a life-care contract (ölünceye kadar bakma sözleşmesi) may also be examined from this angle. In a life-care contract, someone transfers property in return for being cared for until death (Code of Obligations arts. 611-612 [1]).
3. The real intention was a gift. The buyer did not really pay, or the price was only for show.
4. The purpose was to deprive the heirs. The heir must prove that the deceased's real aim was to deceive the heirs.
5. The deceased has died. The right belongs to heirs, and one becomes an heir only on death (Civil Code art. 599 [2]).

4. Which transfers are not covered?

The 1974 decision concerns registered property presented as a "sale". Other routes (usually reduction) may apply where:

• An open gift was made at the land registry: the transaction is genuine and in proper form; there is no sham. An heir whose reserved share is infringed may file a reduction action.
• The deceased paid for a property bought from a third party and had it registered directly in a relative's name: the property was never registered in the deceased's name. In practice this is treated as outside the 1974 decision; reduction may be available if its conditions are met.
• Movables such as cash, gold, foreign currency or household goods were transferred: the law requires official form only for gifts of real property; a movable can be given by hand delivery (Code of Obligations arts. 288-289 [1]). Title cancellation for muris muvazaası is therefore not available; reduction may apply if its conditions are met.
• Possession of unregistered land was transferred: in practice this is not treated as muris muvazaası.

5. Muris muvazaası vs. reduction (tenkis)

In practice, both claims are often brought in the same case in sequence: first cancellation for sham, and if that fails, reduction. This is called an alternative (tiered) claim. Because the reduction deadlines run, whether the reduction claim is brought in time needs separate attention.

6. Is there a time limit?

The law sets no limitation or forfeiture period for this action; the 1-year / 10-year reduction deadlines do not concern it. Even so:

• Waiting a long time may cause evidence to be lost (witnesses die, documents disappear).
• It may be argued in a particular case that the right is being exercised contrary to good faith; this depends on the facts (Civil Code art. 2 [2]).
• If a reduction claim is added, the art. 571 deadlines apply to it.

7. How is the sham proven?

The burden of proof is on the heir claiming the sham. The rule requiring written proof for transactions above a set amount does not apply to transactions between descendants and ascendants, siblings, spouses, and parents-in-law and children-in-law; in those cases witnesses may be heard (Code of Civil Procedure arts. 200, 201, 203 [5]). Courts usually weigh several indicators together:

• a large gap between the price declared at the registry and the property's real value at that time
• the buyer lacking the means to pay, or no traceable payment such as a bank transfer
• the deceased having no reasonable need to sell
• the deceased continuing to use the property after the transfer
• family relations, such as the deceased being estranged from some heirs or clearly favouring one child
• several assets transferred to the same person within a short time

No single indicator is decisive; all evidence is assessed together.

8. Where, against whom and how is the case filed?

• Court: Civil court of first instance (asliye hukuk mahkemesi) (Code of Civil Procedure art. 2 [5]).
• Venue: The court where the property is located. This venue is exclusive; a court elsewhere will rule that it lacks jurisdiction (Code of Civil Procedure art. 12 [5]).
• Defendant: The person who received the property and still appears as owner; if that person has died, his or her heirs.
• Claimant: One or more of the heirs. Under the 1974 decision, heirs sue because their own inheritance rights were infringed; in practice each heir may claim cancellation and registration to the extent of his or her own share, without waiting for the other heirs.
• Required document: Certificate of inheritance (mirasçılık belgesi / veraset ilamı), issued by a civil court of peace or a notary (Civil Code art. 598 [2]).
• Mandatory mediation: As of the research date (29 October 2026), title cancellation based on muris muvazaası is not among the disputes requiring mediation before filing. By contrast, mediation is mandatory before a later partition action (ortaklığın giderilmesi) to divide the inherited property (Law no. 6325 art. 18/B [6]).
• Interim injunction: To prevent the property being transferred while the case is pending, the court may be asked to put a transfer ban on the title (ihtiyati tedbir) (Code of Civil Procedure art. 389 [5]). As a rule the applicant must provide security; the court may waive it in certain cases, stating its reasons (Code of Civil Procedure art. 392 [5]).

9. What if the property has been sold on?

A third party who bought in good faith, relying on the land register and unaware of the sham, is protected (Civil Code art. 1023 [2]); the title cannot be taken back from that person. Someone who knew or should have known of the unlawful registration cannot rely on it (art. 1024). While protecting good-faith acquirers, the law also preserves "all claims for compensation" (art. 1025(2)). Where the property has passed to a good-faith buyer, what the heirs can claim from the person who received it through the sham and disposed of it depends on the facts.

10. What happens if the case is won?

In practice, the court cancels the transfer to the extent of the claimant's inheritance share and orders that share to be registered in the claimant's name. The property then usually becomes jointly owned by the defendant and the claimant heir(s). If they cannot agree on division, a partition action may follow.

11. Hypothetical example

This example is entirely hypothetical. A has three children: B, C and D. Two years before dying, A "sells" a flat worth about TRY 5,000,000 to B at the land registry for TRY 500,000. B had no regular income at the time and no payment appears in bank records; A continues living in the flat until death. After A's death, C files a title cancellation action for muris muvazaası and, in the alternative, a reduction claim. Under current practice, C may claim cancellation and registration for his own 1/3 share; if D does not sue, D's share does not pass to C in this case. The outcome depends on the evidence and B's defence; for example, if B proves that he cared for A for years and that the other children received other assets, the result may differ.

12. Frequently asked questions

Can I file this case while my parent is still alive?

No. The right belongs to heirs, and one becomes an heir only on death. While alive, only the owner can challenge his or her own transaction, for example by alleging defective consent; that is a different matter.

Can I sue if I renounced the inheritance?

A statutory heir who renounces is treated as if he or she had not been alive when the inheritance opened, and the share passes to the other entitled persons (Civil Code art. 611 [2]). As a rule, a person who renounced cannot bring this action, which depends on being an heir. This consequence should be considered before renouncing.

What if the price on the title deed was really paid?

If there was a genuine sale, there is no sham and the case fails. Where a payment was made only for show and returned later, the court investigates whether it was real. A low declared price alone does not prove a sham.