- Chamber
- 1. Hukuk Dairesi
- Docket No.
- 2022/1566
- Decision No.
- 2022/7340
- Date of decision
- 21 June 2022
Summary
Proof of collusion in transfers designed to defeat the reserved share: witnesses, facts of life and the aptitude of the price for collusion are weighed together.
Full note
The Chamber concluded that the sale declared in the notarial deed did not reflect the true will, where the deceased transferred property in order to put assets beyond the reach of heirs. Failure to document payment of the price, proximity of the parties and movements of wealth in the final period of life strengthen the inference of collusion. A plea of good faith must be examined separately as regards third parties relying on defective registration.
The authority guides practice on how the hierarchy of evidence is to be constructed in title-cancellation actions.