Collusion is an agreement between the parties to deceive third parties, to make a contract that does not comply with their real will, although it is apparently valid, that does not make any sense among themselves. Inheritance abduction (muris collusion) case is an important inheritance law case that includes many different types of cases such as title cancellation and registration.
In order for the collusion conditions to be fulfilled, the following three conditions must be present;
– There must be a knowingly and willfully incompatibility between the real purposes of the parties and their transactions,
– It must have the purpose of deceiving third parties,
– The parties must agree to engage in collusive transactions.
Inheritance collusion (abduction) is a person’s presentation of unrequited gains made in order to deprive his heir of the right of inheritance as a contract of sale or maintenance until death.
Elements of Delegate Collusion;
a. Appearance Contract: In practice, the apparent transaction appears as a contract of sale, donation, or care until death. These transactions are made in a way that does not comply with the real will of the inheritor in order to smuggle goods from the heirs, and in a way that does not result in any judgment or result.
b. Collusion Agreement: It is a contract in which the legator and the other party have agreed that the apparent transaction was made to deceive third parties, and that it would not have any effect or result in reality. There is no requirement to be in writing. They can be made before the apparent contract, but also at the same time.
c. Purpose of Deceiving the Heirs: Another element of the decedent’s collusion is the sale of the transaction, that is, the apparent sale of the parties. contracts are made with the aim of deceiving the heirs. If the parties do not intend to deceive the heirs, a case of abduction from the inheritance cannot be filed.
D. Confidential Contract: It is the contract that reflects the real will of the legator and is hidden behind the apparent transaction.
Who can open the case of the Muris Collision?
He stated that any heir whose right to inheritance is violated, whether he is a hidden shareholder or not, can sue and prove the collusion with all kinds of evidence. Legal heirs, appointed heirs or adoptions can also file this lawsuit. However, those who reject the inheritance, waive their right to inheritance and are removed from the inheritance cannot file this lawsuit. Each of the heirs can open this case alone.
Incompetence filed against non-heirs, abuse of power of attorney, cheating, etc. Deed cancellation and registration cases based on reasons cannot be opened at the rate of inheritance share, all heirs must be included in the case and the case must be filed.
Limitation Period in the Case of Kidnapping of Property in Inheritance
The case of muris collusion can be opened after the death of the legator. The lawsuit is not subject to statute of limitations or any time limit.
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