Collusion of deceased and transactions not accepted as collusion of deceased in the light of supreme court decisions

The deceased's collusion arises in the transfers made by the heir for the purpose of evading property from the heirs. The concept is not regulated in the Turkish Civil Code and the Swiss Civil Code. It derives its legal basis from the Unification Decision of the Court of Cassation dated 01.04.1974 and numbered 1/2. The heir donates the immovable property to an heir or a third party by showing a sale in the registry in order to get rid of the sanction of the other heirs. According to the general acceptance, the apparent sale transaction is invalid because it does not bear the real will of the parties. On the other hand, a secret donation transaction is invalid as it does not meet the conditions specified in the law. Thus, other heirs can cancel the assignment by claiming collusion. By restoring the property to the estate, they can ensure the accession of rights according to their share quorums. The right to sue is granted to heirs with reserved shares as well as to heirs without reserved shares. The deceased's collusion may be asserted together with or independently of another inheritance law institution, namely the equalization lawsuit.