Who Can File a Fraudulent Title Deed Lawsuit?
It is stated that any heir whose inheritance rights have been violated, whether they are a secret heir or not, can file a lawsuit and prove fraud with any evidence. Legal heirs, appointed heirs, or adopted children may also file this lawsuit. However, persons who have renounced the inheritance, waived their inheritance rights, or been excluded from the inheritance cannot file this lawsuit.
Each heir may file this lawsuit individually. Joint ownership of the inheritance does not prevent this, and each heir may file a Title Deed Cancellation and Registration Lawsuit in proportion to their share without obtaining the consent of the others. However, if the heir requests that the immovable property be returned to the heir rather than in proportion to their share, they must obtain the consent of the other heirs who are not participating in the lawsuit or continue the lawsuit with a representative.
Title cancellation and registration lawsuits filed against non-heirs on grounds such as incompetence, abuse of power of attorney, fraud, etc., cannot be filed according to the inheritance share; all heirs must be included in the lawsuit. However, lawsuits filed among the heirs themselves can be filed according to the inheritance share, as they are subject to the rules of joint ownership of the inheritance in this case.
The inheritance is subject to joint ownership based on the date of death of the deceased. It has been determined that there are other heirs besides the plaintiff in the case file.
Except for cases involving fraudulent dispositions and attachments arising from inheritance property, all heirs representing the estate must jointly file a lawsuit in cases of incompetence, abuse of power of attorney, error, fraud, or duress. Furthermore, if one of the heirs files a lawsuit for the return of the inheritance, the consent of all heirs must be obtained for the lawsuit; otherwise, the inheritance must be represented and administered by a representative appointed in the lawsuit (Turkish Civil Code, Art. 640). This matter is undisputed (Y1HD-K.2020/3302).
Statute of Limitations in Cases of Distribution of Property through Inheritance
A case for fraudulent transfer of title can be filed after the death of the testator. The case is not subject to any statute of limitations or loss of rights.
Fraudulent title transfer by the deceased has been shaped primarily by Supreme Court decisions and doctrine. Some important Supreme Court decisions on the subject are summarized below.