The Muris Obligation is that a person transfers his registered real estate in the land registry that he actually wants to donate in order to deprive his heir of the right to inherit, as if he has a contract of sale or a contract of care until he dies. The person to whom the deed was transferred for the theft of property may be a third person who is not an heir, or it may be another heir. There is no need for specific heirs to be kidnapped, it is enough for them to kidnap goods from any heir.
Muris muvaza is considered to be a qualified muvaza. That is why the contract of sale is not taken into account for reasons of consent. The actual contract to be considered is the forgiveness agreement underlying the transaction, but since the forgiveness agreement is also the underlying confidential contract, it will be invalid due to a violation of the form, since it will not have been officially concluded in accordance with Article 288 paragraph 2 of the Turkish Code of Obligations.
According to the acceptance rooted in the decisions of the Supreme Court, It is legally valid to donate real estate without title, which is legally considered a real property, under an agreement signed in the form of a sale. Therefore, the cancellation of the sale made with the transfer of title in the sale of real estate without title can not be requested by muris.
