WHAT IS INHERITANCE EVASION ?

INHERITANCE EVASION means that a person transfers his real estate registered in the land registry, which he really wants to donate, in order to deprive his heir of the right to inherit, in the title deed, as if he had a contract of sale or a contract of care until he dies. The person to whom the title deed is transferred for smuggling goods may be a third person who is not the heir, or there may be another heir. Heirs whose property will be stolen also do not need to be specific it is enough for any heir to smuggle goods.

INHERITANCE EVASION is considered a qualified simulation. That is why the contract of sale is not taken into account for safety reasons. The actual contract to be considered is the forgiveness contract underlying the transaction, but since the forgiveness contract is also the underlying secret contract, it will not be made in an official way according to article 288 paragraph 2 of the Turkish Code of Obligations, so it will be invalid due to a violation of the form.

According to the acceptance rooted in the decisions of the Supreme Court; The donation of real estate without title, which is considered to be movable property by law, in the form of sale with a contract of sale is legally valid. Therefore, in the sale of real estate without title, the cancellation of the sale made with the transfer of ownership cannot be requested by inheritance evasion.

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