A Case of Fraudulent Transfer of Inheritance in the Form of a Lifetime Care Agreement

TO THE ISTANBUL ANADOLU DUTY PRIMARY CIVIL COURT

PLAINTIFF:
Name Surname – TR Number: …
Address: …

ATTORNEY:
Attorney …
Address: …

DEFENDANT:
Name Surname – TR Number: …
Address: …

SUBJECT OF THE LAWSUIT:
The lawsuit concerns the cancellation and registration of title deeds due to a fraudulent transfer of ownership disguised as a lifetime care agreement.

EXPLANATIONS

1. The deceased, …, passed away on …/…/2023, and the plaintiff is the deceased's biological child/heirs.
2. The deceased, while still alive, transferred the immovable property registered in ... province, ... district, ... block, ... parcel to the defendant by entering into a legal transaction with the defendant, such as a "lifetime care agreement" or similar.
3. However, in this specific case, this transaction, ostensibly based on a caregiving relationship, was not actually carried out for the purpose of care, but rather with the motive of defrauding the heir of their inheritance. The defendant did not actually care for the deceased; the deceased's care and needs were met by other individuals.
4. Considering the deceased's age, health condition, economic sufficiency, whether the defendant actually undertook the obligation of care, and whether the deceased continued to use the property despite its transfer, it is understood that the transaction does not constitute a genuine care agreement but was established merely to create an appearance of one.
5. There is no concrete and strong evidence that the defendant provided regular care to the deceased, covered their health expenses, offered daily living support, or actually assumed responsibility for the deceased's care needs.
6. In contrast, the deceased maintained de facto control over the property even after the transaction; the defendant merely acquired the title of owner in the land registry. This situation reveals that the apparent transaction does not reflect the true intention.
7. Therefore, the transaction in question is not actually a care agreement; it is a fraudulent transfer aimed at circumventing the rights of the plaintiff heir. For this reason, the title deed registered in the defendant's name should be cancelled, and a decision should be made to register the property in proportion to the plaintiff's inheritance share.

LEGAL REASONS

Turkish Civil Code, Turkish Code of Obligations Article 19, Code of Civil Procedure, other relevant legislation, and Supreme Court precedents.

EVIDENCE

Inheritance certificate, deed table, land registry records, deceased's health records, hospital records, documents relating to care services, bank statements, witness statements, socio-economic status investigation, on-site inspection, expert opinion, and all other legal evidence.

CONCLUSION AND REQUEST

For the reasons explained above;

1. A precautionary measure was placed on the land registry record to prevent the transfer of the property in question to third parties
2. The determination of the invalidity of a transaction that, while ostensibly based on a maintenance contract, actually constitutes fraudulent transfer by the deceased
3. The cancellation of the title deed registered in the defendant's name and its registration in the plaintiff's name in proportion to the plaintiff's inheritance share
4. We respectfully request and demand that the court order the defendant to pay the court costs and attorney's fees
   

Plaintiff's Attorney
, ...