29 Apr A PETITION FOR THE CANCELLATION OF THE REMOVAL (REMOVAL) FROM THE INHERITANCE
-EXAMPLE PETITION-
ANKARA SENTRY COURT OF FIRST INSTANCE
PLAINTIFF : A….. B….. (T.C.:……………..)
address
attorney :
address
DEFENDANT : D….. B…..(T.C.:……………..)
SUBJECT OF THE LAWSUIT : It consists of our request to decide on the cancellation of the inheritance (removal).
INSTRUCTIONS
The plaintiff who made the request is the brother of the client and the defendant, and their father is testator C….B…. (annex 1) , where the identification information of the testator is presented in the annex to the petition. annex 21, 2013) ../../…. He passed away on his date. annex 2), as can be understood from the inheritance decree (annex 2) that we have submitted in the annex to the petition, the plaintiff is the sole heirs of the client and the defendant testator .
testator ../../…. In the history of Ankara .. A will has been issued by the Notary Public (annex -3); this will, issued by testator , is issued by the Ankara () Magistrate’s Court ………. The basis has been finalized by opening and reading the ……. Decision file (annex -4). Thus, the client found out that he was disinherited.
According to the will, testator according to Article 510/2 of the TCC “If the heir has not significantly fulfilled his obligations arising from family law against the testator or the family members of the testator, he has not fulfilled his obligations arising from family law.” On the basis of his justification, his client has missed the inheritance.
However, the issued will is contrary to the procedure and law in all aspects. It is clear that the will in question was prepared for the purpose of smuggling goods from the client, who is the registered shareholder and the legal heir of the testator , and this will does not meet the legal requirements.
The client has been with her all her father’s life and has fulfilled her adopted duty to the end. Although there has been a recent lack of livelihood between testator and his client, he has never exhibited behavior that would Decimate his obligations to his father or any other member of the family, especially those arising from family law.
There has never been an incident between the client and testator that would require Decriminalization from the will. Although testator removed him from his inheritance on the grounds that the client did not fulfill his obligations arising from family law, he did not present a case that could be the basis for this claim in his will.
As a result, since there is no justified reason requiring removal from the inheritance, and therefore the transaction is contrary to the procedure and law, the client’s decision to cancel the inheritance has been made to request that the cancellation be decided.
LEGAL REASONS: TMK, HMK, Law on Advocacy and other relevant legislation
EVIDENCE : Population registration information of the testator , Inheritance decree, ../../…. In the history of Ankara .. The will issued by the Notary Public is the will of the Ankara () Magistrate’s Court ………. The basis of the decision ……. file no., witness, etc. all delail
CONCLUSION AND CLAIM : With all the reasons described above and re’ you will be considered by your court,
1-Together with the acceptance of our listed objections,
2-../../…. In the history of Ankara .. We offer and request by proxy to decide on the cancellation of the client’s inheritance by a will issued by a notary public. 17/11/2021
Plaintiff A….. B….. Attorney
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