Deed Cancellation Lawsuit Due to Inheritance Collusion...

The most frequently encountered lawsuit of heritage law is Inheritance Collusion, known as “Property Abduction” among public. Generally elderly parents transfer their real estates to the other heir by showing as “Sale” before dying, to leave property to male child or deprive the child they are offended with.

1. What is Collusion (Collusive Transaction)?

There is an apparent sale transaction (Sale fee is paid at title deed, signature is signed). However, real intention of parties is not sale, it is donation.

• Aim is to prevent other heirs (especially female children) from inheritance right.
• This transaction is legally invalid (null).

2. Conditions of Lawsuit

To file deed cancellation registration lawsuit with collusion claim, existence of these 4 elements is looked at:

1. Apparent Transaction (Sale): Sale was made at title deed.
2. Hidden Transaction (Donation): Actually money did not change hands, given for free.
3. Collusion Agreement: Parties showed it as sale knowingly and willingly.
4. Intent to Abduct Property from Heirs: Basic aim of transaction is to deprive other heirs.

3. No Statute of Limitations!

Since inheritance collusion lawsuit relies on ownership right, not a tort, it is not subject to any statute of limitations or forfeiture period. Can be filed even 20 years after Muris died. (Cannot be filed while Muris is alive).

4. Burden of Proof and Evidence

Heir filing the lawsuit must prove that sale is not real.

• Purchasing Power: Did the sibling buying the property have power to pay that money at that date? (House given to university student grandchild).
• Price Difference: Is there exorbitant difference between sale price in title deed and real value at that date?
• Witness: Most important evidence. People in the region tell the inside of the event.

Frequently Asked Questions

Q: Can I file lawsuit even if I don’t have reserved share? A: Yes. This lawsuit is not Abatement Lawsuit. If there is collusion, transaction is invalid from the root. Whether reserved share or not, all legal heirs can take back the deed in proportion to their shares.

Legal Support: You can contact us for detection of fraudulent sales and deed cancellation lawsuits.

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Contact us for professional legal assistance on this matter.

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