Muris muvazaası concerns fictitious property sales or maintenance agreements executed by a decedent to conceal genuine donations and deprive legal heirs of their statutory inheritance rights.
Under the 01.04.1974 Court of Cassation Unification Decision, any heir may file for title deed cancellation without being subject to statutory limitation periods. Evidentiary standards and comparison with reduction claims (tenkis) are reviewed.
Frequently Asked Questions
Question: Can real estate transferred under a 'Support until Death' contract be annulled for inheritance evasion? Yes. Where a decedent transfers their primary estates to one child under the guise of maintenance despite not needing care and without proportionate obligations, courts will treat the transaction as simulated (muris muvazaası) and order deed cancellation.
Question: Does handing cash to one heir during life constitute muris muvazaası? No. The Joint Civil Chambers Decision of 1974 applies exclusively to registered real estate transfers. Cash gifts can only be subject to a reduction claim for reserved statutory shares upon death.
Question: Is there a statute of limitations for filing a muris muvazaası deed cancellation lawsuit? No. Because simulated transactions are null and void ab initio, heirs may initiate deed cancellation at any time after the decedent's death without time bar.
Legislation and sources
This article provides general information. The documents and circumstances of an individual matter, together with the applicable legislation, require separate assessment.