Turkish Forced Heirship (Saklı Pay) & the Tenkis Lawsuit: Complete Guide | Doğru Kanzlei
You learn after a parent dies that a house in Turkey was "sold" to one sibling years ago — at a price that bears no resemblance to its actual value. Or a will surfaces that leaves nearly everything to one child, with others receiving nothing. Or a sibling who has been living in the family home for decades now claims sole ownership.
These are the scenarios that bring Turkish diaspora families — in Germany, the UK, the Netherlands, Scandinavia — to a painful realisation: inheritance rights that felt secure on paper may have been systematically eroded long before the death occurred.
Turkish law has mechanisms to address exactly this. They are called Saklı Pay (forced heirship) and the Tenkis Davası (reduction lawsuit). And when the problem involves a disguised transfer of property before death, there is an even more powerful tool: the Muris Muvazaası action. This guide explains all three — and the deadlines that make acting quickly non-negotiable.
What Is Saklı Pay (Turkish Forced Heirship)?
Saklı Pay (literally: "protected share") is Turkey's system of forced heirship. It guarantees certain close relatives a minimum portion of the deceased's estate that cannot be taken away — not by a will, and not by lifetime gifts. It is the Turkish equivalent of the German *Pflichtteil* (§§ 2303 ff. BGB), though the two systems work differently in important ways.
The legal foundation is Articles 505–506 of the Turkish Civil Code (Türk Medeni Kanunu, TMK).
TMK Art. 505 lists who has a forced share (*Saklı Pay Sahipleri*):
Important: Siblings (kardeşler) do not have a forced share under the current Turkish Civil Code (in force since 2002). The old Civil Code (1926–2001) did protect siblings; the 2002 reform abolished their forced share.
TMK Art. 506 sets the forced share fractions:
| Heir | Forced Share |
|---|---|
| Each child (and descendants of a predeceased child) | ½ of their intestate share |
| Each parent | ¼ of their intestate share |
| Surviving spouse (inheriting alongside descendants) | Full intestate share |
| Surviving spouse (inheriting alongside parents or siblings) | ¾ of intestate share |
Note that the forced share is calculated as a fraction of the intestate share (the share that person would receive if there were no will), not of the entire estate. If three children are the only heirs, each child's intestate share is 1/3 of the estate, and their forced share is therefore 1/6 (= ½ × 1/3).
The Freely Disposable Portion (Tasarruf Nisabı)
The counterpart to the forced share is the Tasarruf Nisabı — the portion of the estate the deceased was free to dispose of as they wished, through a will or gifts.
Tasarruf Nisabı = Total Estate Value − Sum of All Forced Shares
If the deceased's dispositions — whether by will, gift, or transfer — exceeded the Tasarruf Nisabı and thereby reduced a forced share below its legal minimum, the affected heirs can use the Tenkis Davası to recover the shortfall.
What Is the Tenkis Davası (Reduction Lawsuit)?
The Tenkis Davası is the court action through which a forced share holder demands that dispositions exceeding the Tasarruf Nisabı be proportionally reduced. It is governed by TMK Articles 507–571.
What Dispositions Can Be Reduced?
1. Testamentary dispositions (Ölüme Bağlı Tasarruflar): Wills, inheritance contracts, bequests of specific property. These are targeted first and reduced proportionally.
2. Lifetime gifts and transfers (Sağlararası Kazandırmalar): Under TMK Art. 507, certain lifetime transfers are also subject to reduction:
⚠️ Important: The order of reduction matters (TMK Art. 514). Testamentary dispositions are reduced first, proportionally. If that is still insufficient, lifetime gifts are reduced next — starting with the most recent and working backwards chronologically.
Who Can File?
Only the forced share holders themselves (or their own heirs) can bring a Tenkis Davası. It is a personal right — it cannot be transferred to unrelated third parties.
Who Is the Defendant?
The claim is brought against whoever benefited from the disposition under attack: the legatee, the heir named in the will, or the person who received the lifetime gift or transfer.
The Deadlines — Why Acting Fast Is Critical
⚠️ The deadlines for the Tenkis Davası are among the most commonly missed rights in Turkish diaspora inheritance cases. Missing them permanently extinguishes the claim.
TMK Art. 571:
| Deadline | Starting Point |
|---|---|
| 1 year | From the date the forced share holder learns of the death AND the violation of their forced share |
| 10 years (absolute) | From the date of death — regardless of when the forced share holder learned of any violation |
The 1-year deadline is the most dangerous for diaspora families. It does not start with the death — it starts the moment you learn of both the death and the specific violation of your forced share. If you only find out about a property transfer two years after the death, your 1-year clock starts from that discovery.
But the 10-year absolute deadline runs from death regardless. If you discover a violation 11 years after the death, you are too late — even if you only just found out.
Practical consequence: As soon as you learn of a family member's death in Turkey, you should take immediate steps to identify all property and dispositions — not wait to see what happens. Every month of delay risks the deadline catching up with you.
Muris Muvazaası — When the Transfer Was a Sham
Beyond the Tenkis Davası, there is often a more powerful tool available: the Muris Muvazaası action (Collusive Transfer Claim).
What Is Muris Muvazaası?
Muris Muvazaası refers to a simulated transaction by the deceased — typically a property transfer recorded in the land registry as a "sale" at a fraction of the market value, when it was in reality a gift designed to disinherit other heirs.
Common pattern: The family home is "sold" to one son or daughter for a nominal price (perhaps 5–10% of market value). The money is never actually paid, or is quietly returned. The transfer is recorded at the Tapu (land registry) as a legitimate sale to make it look permanent and unchallengeable.
The Legal Basis
The Muris Muvazaası action rests on the Turkish Court of Cassation's Unified Decision of 1 April 1974 (İçtihadı Birleştirme Kararı 1/2). This landmark ruling — still binding today — established that heirs can challenge the deceased's lifetime transfers where those transfers were made to defeat their inheritance rights through a simulated legal act.
How It Differs from the Tenkis Davası
| Feature | Tenkis Davası | Muris Muvazaası |
|---|---|---|
| Objective | Reduce the excess portion of a valid disposition | Void the entire sham transaction |
| Condition | Forced share must be violated | Transfer must be shown to be simulated |
| Result if successful | Partial reversal (the excess portion is clawed back) | Full cancellation of the title transfer |
| Who can file | Forced share holders only | All statutory heirs |
| Deadline | 1 year from knowledge / 10 years absolute | 10 years general limitation |
⚠️ Strategic note: If you suspect a property was transferred before death at a suspicious price, both options should be assessed by a lawyer. A successful Muris Muvazaası claim is often stronger — it voids the entire transfer, not just the portion above the freely disposable share.
Turkish vs German Forced Heirship — Key Differences
Many diaspora families in Germany ask how Turkish forced heirship compares to the German *Pflichtteil* they may already know. The comparison is instructive:
| Feature | Turkey (Saklı Pay / TMK) | Germany (Pflichtteil / BGB) |
|---|---|---|
| Type of claim | Reduction lawsuit targeting specific dispositions | Pure money claim against the heir |
| Fraction | ½ of intestate share (descendants) | ½ of intestate share |
| Entitlement | Descendants, parents, spouse | Descendants, parents (if no descendants), spouse |
| Siblings | No forced share (since 2002) | No forced share |
| Deadline | 1 year from knowledge / 10 years absolute | 3 years from knowledge / 30 years absolute |
| Lifetime gifts | Tenkis Davası (court discretion on scope) | 10-year clawback rule (§ 2325 BGB) |
| Sham transfers | Muris Muvazaası action | General fraud/simulation rules (§ 117 BGB) |
Which Law Applies to Your Situation?
If the deceased was Turkish and lived in Germany, two legal systems may be relevant:
Turkish real estate: Turkish law applies exclusively, under the internationally recognised lex situs principle. The Turkish Civil Code, Turkish courts, and the Turkish land registry govern everything. The EU Succession Regulation (No. 650/2012, Art. 35 renvoi) confirms this.
Movable assets: The applicable law depends on the habitual residence of the deceased and whether they made a choice of law in their will. A Turkish national who lived in Germany can choose Turkish law for their entire estate under EU Succession Regulation Art. 22. Without a choice, German law may apply to assets in Germany — but the Turkish estate is still governed by Turkish law.
Practical implication: In most diaspora estates with Turkish property, you need a dual approach: German law for German assets and probate; Turkish law for Turkish real estate, the Turkish Certificate of Inheritance (Veraset İlamı), and any Tenkis or Muvazaası claim.
Step-by-Step: Protecting Your Rights from Abroad
How Doğru Kanzlei Handles Forced Heirship Cases
Doğru Kanzlei holds dual bar membership with the Ankara Bar Association (registration no. 47068) and the Karlsruhe Bar Association in Germany (§ 207 BRAO). This makes us one of the very few firms that can advise on both the Turkish Saklı Pay system and the German Pflichtteil system from within the same team — with no translation layer, no hand-off to a local correspondent.
Our clients are based across Germany, the UK, the Netherlands, and Scandinavia. None of them has needed to travel to Turkey to file a Tenkis or Muvazaası claim. The Power of Attorney is issued locally; we handle everything else directly, including land registry searches, deadline management, and the court proceedings themselves.
We advise in Turkish, German, and English — including by video call. Before the first consultation, we review any available land registry data and outline the realistic legal options and deadlines for your specific situation.
Request a Free Initial Assessment with Doğru Kanzlei →
This guide is also available in Turkish:
Saklı Pay ve Tenkis Davası: Miras Hakkınızı Almanya'dan Nasıl Korursunuz? →
And in German for German-speaking family members or advisers:
Pflichtteil im türkischen Erbrecht: Saklı Pay & Tenkis Davası erklärt →
