As Uzunpınar & Tüfek International Law Firm, we provide our clients with comprehensive, reliable, and strategic legal consultancy regarding fraudulent inheritance (muris muvazaası) lawsuits, one of the most sensitive and complex areas of inheritance law. Fraudulent inheritance is defined as legal transactions conducted contrary to the true will of the deceased, aimed at bypassing the heirs. Such transactions can involve the sale, donation, or transfer of immovable or movable property, potentially resulting in the loss of the heir’s rights.

Fraudulent inheritance lawsuits aim to protect the rights of heirs, ensure that immovable property is registered according to the actual shares, and apply legal sanctions to third parties who have unjustly benefited. Therefore, each case must be conducted meticulously, considering past title deed records, payment documents, correspondence between parties, witness statements, and expert reports. Uzunpınar & Tüfek Law Firm develops strategic solutions at every stage of the lawsuit to protect our clients’ rights at the highest level.

Fraudulent inheritance lawsuits may include not only the correction of the title deed but also claims for compensation and easement (unlawful occupation) damages arising from the fraudulent transaction. When fraud is determined, the transaction is annulled, and the property is registered according to the heir’s share. In practice, detecting fraudulent transactions and managing the lawsuit process is a complex procedure that requires legal knowledge, evidence management, and strategic experience.

Our firm protects the interests of clients in fraudulent inheritance lawsuits through a preventive law approach; we strategically utilize mediation, provisional injunctions, and compensation claims to resolve potential disputes before or during litigation. This ensures that our clients are safeguarded from loss of rights and from long, costly legal processes.

Frequently Asked Questions (FAQ)

1. What is fraudulent inheritance (muris muvazaası)?
Fraudulent inheritance refers to legal transactions carried out contrary to the true will of the deceased. For example, sales, donations, or transfers may be executed to reduce the heir’s share or transfer the property to a third party. In such cases, the transaction shown publicly does not reflect the deceased’s true intent. Since fraudulent inheritance directly affects the heir’s rights, it is considered a transaction that can be annulled under the law. Uzunpınar & Tüfek Law Firm develops strategies in these cases to prevent loss of rights and ensure registration according to the heir’s share.

 

2. Who can file a fraudulent inheritance lawsuit?
A fraudulent inheritance lawsuit can be filed by heirs to protect their rights. The heir must have suffered a loss due to the deceased’s transaction. For instance, if an heir’s property share was transferred to a third party through a fraudulent sale, the heir can file a lawsuit requesting annulment of the transaction and registration of the property according to their share. The rights of each heir and their share in the property are carefully assessed to ensure a fair solution for all heirs.

 

3. On what legal basis can a fraudulent inheritance lawsuit be filed?
Fraudulent inheritance lawsuits are based primarily on the Turkish Code of Obligations and the Turkish Civil Code. These laws allow for verification of the true intent of the parties and annulment of unlawful transactions. Particularly, the provisions on fraudulent transactions in the Turkish Code of Obligations evaluate whether the transaction reflects the true intent. Title deed records, heirs’ shares, and transaction dates are used as evidence. Uzunpınar & Tüfek Law Firm ensures that all evidence is meticulously collected and analyzed before and during the case to protect clients from loss of rights.

 

4. What happens if fraudulent inheritance is determined?
If the lawsuit is successful, the fraudulent transaction is annulled, and the property is registered according to the heir’s share. For example, even if the deceased appeared to transfer the entire property to a third party, once fraud is established, the court records the heir’s actual share in the title deed. In addition, claims for compensation and easement (unlawful occupation) damages can be filed for losses incurred due to the fraudulent transaction, protecting both the ownership rights of the heir and eliminating the unjust gain.

 

5. What evidence is important in a fraudulent inheritance lawsuit?
Collecting evidence is critical and directly affects the outcome. Key evidence includes:

• Title deed records and archive documents: Past registrations and transfers of the property.

• Payment documents: Verification of whether the sale price was actually paid.

• Witness and expert reports: To determine the true nature of the transaction.

• Correspondence and contracts between parties: Written proof showing whether the transaction was fraudulent.

• Documents reflecting the deceased’s intent: Wills, donation documents, notarized records, etc.
  Uzunpınar & Tüfek Law Firm carefully examines all evidence to design the lawsuit strategy in favor of our clients.
  
  

6. How long does a fraudulent inheritance lawsuit take?
The duration depends on the complexity of the case, the number of parties, expert reviews, and court workload. Simple fraudulent inheritance lawsuits usually take 1.5–2 years, while cases with multiple heirs and complex properties can last 2.5–3 years or longer. Our firm monitors each stage of the process to ensure clients achieve results without losing their rights.

 

7. Is there a statute of limitations for fraudulent inheritance lawsuits?
Time limits start from when the heir becomes aware of the fraudulent transaction. For example, once the heir discovers that the property was transferred to a third party fraudulently, the right to file a lawsuit must be exercised within a limited period. Filing the lawsuit on time is critical to prevent loss of rights.

 

8. Is it mandatory to follow the lawsuit with a lawyer?
While not legally required, fraudulent inheritance lawsuits are technical and complex. Title deed review, evidence collection, and expert procedures require professional experience. Handling the case with an expert inheritance law attorney prevents loss of rights and ensures the lawsuit strategy is executed effectively.

 

9. Can a provisional injunction be requested in a fraudulent inheritance lawsuit?
Yes. A provisional injunction can be requested to prevent the transfer of the property to third parties during the lawsuit. This ensures the security of the property and protects the heir’s ownership rights. If there is a risk of sale or transfer to a third party, requesting a provisional injunction is critical for the success of the case.

 

10. Can compensation be claimed in a fraudulent inheritance lawsuit?
Claims for compensation and easement (unlawful occupation) damages can be filed for financial losses resulting from the fraudulent transaction. These claims can be made alongside the annulment of the transaction or in a separate lawsuit. Compensation calculations consider factors such as property value appreciation, lost rental income, or sale price. Uzunpınar & Tüfek Law Firm performs detailed analyses to ensure clients’ rights are protected at the highest level.